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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

    Melbourne Family Attorney Discusses: Can My Children Decide Where They Live?

    There is no doubt that any parent has serious concerns about what will happen to their children during the process of a divorce. This is frequently one of the most contested aspects of any divorce because it brings up a lot of emotional issues and concerns about parents losing access or rights to their children.

    It is important in this situation to understand how the courts interpret child custody and time sharing with parents. In certain situations, the judge may listen to input from the children so long as they are deemed old enough to provide this kind of input reasonably.

    Discretion in Family Law Cases

    The judges in any time sharing case in Florida determining what will happen to children after a divorce have to consider the best interests of the child. This means taking into account numerous different factors and figuring out what will be best for the children now and well into the future.

    Of course, visitation and time sharing options can be modified later on down the road, but many parents have a vested interest in getting things clear and fair the first time around.

    This can help to make things as stable as possible for the children who are already going through enough changes as a result of a divorce. With any custody dispute involving young children, either a court or parents will decide where they live.

    However, as children get older they may have a preference to live with one or another parent. Most states including Florida will consider a child’s preference when determining parenting time situations. The judge will evaluate numerous factors in making a child custody decision and putting together a time sharing schedule for parents in Florida. This includes:

    • The moral fitness of the parents.
    • The child’s community, school and home history.
    • Any evidence of drug use or violence.
    • Each parent’s willingness to cooperate regarding their child’s activities and issues.
    • Each parent’s commitment to honor the current time sharing schedule.
    • Each parent’s ability to provide consistency and a routine for the child.

    When Will Courts Allow a Child’s Preference to Enter the Equation? Read More

    Six Facts About DUIs in Florida

    DUIs in Florida

    Being arrested for drunk driving is a serious issue no matter where it happens, but how you choose to react in this situation can have an impact on the outcome of your case.

    Given that the penalties associated with drunk driving in Florida can be severe and may continue to haunt you for many years to come, your best bet is to protect your rights and hire an experienced Florida criminal defense attorney as soon as possible.

    Although DUI has reputation for not being as severe as other types of crime like robbery or assault, it is still a matter worth reaching out to a knowledgeable attorney.

    The state and prosecutors love to crack down on DUI cases and achieve results in the form of penalty related outcomes. Read on to learn more about six things you need to know about drunk driving in Florida.

    You Actually Don’t Have to Be Driving to Get A DUI

    You could be accused of being illegally in physical control of a vehicle and still be charged with a DUI. This means that if you’re inside the vehicle and you make it move or even in the event that you pull over on the side of the road and fall asleep inside the car, the possibility that you might eventually wake up and drive while drunk and could even get you in trouble with a DUI.

    You Could Spend Up to 9 Months in Jail

    If your blood alcohol content is too high, your vehicle may also be impounded for a 10-day period and this is very expensive and aggravating issue.In the event that you are thrown in jail for a DUI in Florida, the outcome of your case could mean future jail time.

    You Could Be Facing Felony Charges Read More