Divorcing parties often consider the possibility of one party buying out the other’s one-half ownership interest in their marital home. However, I always raise a few “what ifs” if my client is the one contemplating the option of being bought out:

1. What if your spouse cannot refinance the home into their sole name and release you from the financial obligation to the lender? If they cannot refinance the home, you will continue to be legally obligated to the lender for the balance owed on the mortgage (assuming you are on the promissory note).
2. What if your former spouse loses their job or intentionally stops paying the mortgage and ends up defaulting on the loan, and you have already moved out of the residence, trusting he or she would continue to pay the monthly payment. Of course, despite the divorce and buy-out, your credit rating will also end up taking a huge hit as a result of the mortgage default.
3. What if you have difficulty being able to purchase another home of your own because all lenders will review your income as well as your financial liabilities/obligations, and the mortgage balance owed on your former marital home will continue to be part of the lender’s equation.

Due to these considerations and if the occupying spouse is unable to obtain refinancing to buy the other spouse’s interest in the residence, I typically advise my clients that it makes the most sense for divorcing parties to sell the marital residence and equally divide the net proceeds (sale price less the mortgage and real estate commissions and closing cost).

People often ask me what I charge for a divorce that is “uncontested”. My initial questions are to establish whether they truly have an uncontested divorce case. If they have children, they will sometimes tell me they have agreed to a 50/50 timesharing (formerly called custody). I then ask whether they have discussed what will be paid in monthly child support, very often they respond with, “neither of us will pay child support to the other”. My follow-up question is, “ok, so do you both make the same amount of money?” Usually, I will get a response such as well no, he/she earns a lot more than me. When one party earns significantly more, the parent with the greater income will normally have to pay some amount of support to the other.  Of course, people have often not considered the issue of income disparity and believe the 50/50 time-sharing arrangement precludes one party from having to pay the other any child-support.

There are various other issues for consideration as well, such as health insurance coverage for the child(ren), uncovered medical expenses, IRS dependency exemptions, and child-care expenses, all of which need to be negotiated and settled during the divorce process.

In summary, although clients perceive that they have an “uncontested” case, there are normally many issues that need to be discussed and settled between the parties they had not yet considered. I have helped many clients over the years negotiate these kinds of additional details such that the parties can ultimately enter into a mutually acceptable settlement agreement for their “uncontested” divorce.

Learn more about your divorce options and schedule a consultation today.

One of the many freedoms we enjoy in America is the freedom to decide when to end a marriage. Divorce is already an emotional and complicated procedure, however, so when one spouse chooses to hide from the process, a few additional steps must be taken to complete the divorce, but divorce is possible, nonetheless.

In Florida, a few actions must be taken to prove to the court that all possibilities for locating an absentee spouse were taken before filing for divorce.

Those actions include:

• Service by Publication (or Constructive Notice)
• Proving Diligent Search (Due Diligence)
• Obtaining Default Judgment (Final Judgment for Dissolution of Marriage)

While Service by Publication may sound as simple as posting a notice in the newspaper and waiting the required amount of time to fulfill Florida’s legal requirement, and in turn, find favor with the Court, many more aspects are involved.

First, the Court requires you to prove that you took every possible, reasonable measure for locating our missing spouse. This proof is called Due Diligence.

Due Diligence requires that you contact your missing spouse’s employer, known associates, and family members, then follow up on any information received. You may also be required to contact the Department of Motor Vehicles to obtain your missing spouse’s last known address information; checking for a possible death certificate; monitoring credit or banking information that may provide information about their whereabouts, searching for tax information, or even hiring a private investigator.

Proving to the Court that you took all of the above steps and were still unable to locate your spouse requires that you provide the court with proof and an outline of the steps you took and their results. An affidavit is required in addition to your evidence to show every measure was made with no consequence.

At this point, you’ll contact a reputable newspaper and run a legally written ad for four consecutive weeks, order to give your spouse time to see the ad and respond. If you receive no response within 28 days, you’ll then ask the court for a Default Judgment for Final Dissolution of Marriage and a hearing to finalize your divorce process.

While the methods above are one avenue for obtaining a simple divorce, it should be used as a last resort, as it leaves no room to address issues like Child Time Sharing or Division of Marital Assets or Debts.

If you are entirely unable to locate your spouse and believe that Divorce by Publication is the best course of action to take in your situation, it is always best to contact an experienced, professional attorney to assist you in your case.

Divorce is never an easy decision to make. It can typically involve many different factors and even people. There are ways to make the finalization of divorce easier by creating a checklist for yourself before taking it to the serious point of divorce. Knowing how to handle a divorce before papers are signed can be beneficial to both parties and, at the very least, give you peace of mind that things are in the right order. Here you will find some of the things to add to your checklist before finalization, ensuring you won't have to deal with any potholes along the way.

• Finances are a big part of a divorce. Many married couples share joint accounts and may have for many years. Keep track of what's in the accounts before bringing divorce papers into play. If possible, begin the separation of what's yours into a new account on your own. In the unfortunate case of a soon to be ex-spouse draining a joint account when they get informed of the impending divorce, you will be safe from potential over-spending that you're unaware of.
• On the same page, with separating your accounts, it's best to close joint credit accounts. Try to have them paid off before divorce proceedings begin as it can be a bit more difficult after the fact. You can request the accounts to be frozen, but this won't get rid of a balance.
• Do your homework on who's representing you! A divorce attorney may not always be needed if both parties remain civil and find an agreement amongst each other, but that is not always the case. If it's a particularly messy divorce (or has the potential to be), a divorce lawyer should be at the top of your checklist. Don't go with the first lawyer you meet with. Try to interview with 3-5 lawyers who have at least 5-10 years of experience in family law.
• What will your living situation be after the divorce is finalized? Do you think you and your soon-to-be ex-partner will still live civilly together, or is someone moving out? If it's the latter, both parties will now be taking on rent/mortgage payments on their own. This can be a bit more difficult when children and owned property are involved. It's recommended to remain living with the partner you are divorcing until all court proceedings are done, and the divorce is officially final.
• One of the most important things to do before finalizing a divorce is to keep your cool and lay low. A divorce is a very emotional time for everyone involved, and acting out in anger and frustration will only make things harder for you. As for laying low, it's a good idea to keep the dating to a minimum until the divorce is said and done. This looks better on you if you remain focused on the goal of working on your family if there are children, and if there are no children, it's a good time for you to reflect on yourself and work on that.

There are quite a few other things to make sure you go over before divorce is finalized, but these are some of the top things that should be covered before taking that last step. It's an unfortunate time, and every situation is different, but it makes it a bit easier if you're prepared beforehand.

SOURCES: 1

Even in the most seemingly ideal situations, the successful blending of families is often a daunting task. As a new step-parent, it’s natural to want to instantly bond with your step children and create a new family, but what approach is in the actual best interest of the children? Here are a few Do’s and Don’ts to keep in mind as a new step parent:

Don’t expect a magic flip to be switched on the instant you marry. Adapting to a new situation takes time for anyone, especially children who may still be reeling from their biological parents’ divorce.

Do take things slow and allow the dynamic to develop naturally. Remember, this is their world of security and familiarity, and you are new. Expect some rough patches and know that love will develop over time.

Don’t discuss disagreements with your spouse within earshot of the children. Children are curious and likely to blame themselves for most issues.

Do set aside time to discuss troublesome issues privately with your spouse. If it is an issue that involves the children, choose a time to calmly discuss the issue as a family. This prevents children from playing one parent or step parent against the other and shows a united front. Discuss expectations and rules about each member of the family’s responsibilities in a respectful, cooperative manner.

Don’t attempt to replace a parent. No matter what your feelings toward the former spouse may be, trying to replace them leads to strong feelings of resentment.

Do be a role model, source of support, encourager and mentor. Children deserve a listening and caring ear. It is never okay to disparage or bad-mouth a biological parent. When children hear one of their parents is  “bad," they believe “part of me is bad.” Keep it positive!

So, you are going through a divorce. You and your former spouse have agreed on how to divide your personal property. You decide on what becomes of the home, cars, and bank accounts. But who gets the family dog, cat, or other pets?

You may be surprised by the answer.

The issue of pets in a divorce is fever officially addressed in divorce court. Our "furry family members" are treated as property. They are given a monetary value and are subjected to the laws of equitable distribution.

Much like all other personal property, if you can prove that your pet is your separate (non-marital) property - meaning you acquired the pet before you were married - you have a solid case for keeping your pet. However, it is best to have physical proof that your pet was acquired premaritally.

Examples of tangible proof of ownership include:

• A copy of your bill of sale
• A bill dated before marriage that preferably refers to your pet by name or breed
• Receipts for pet supplies or pet food

These would substantiate your claim that you owned the pet before your marriage.
If your pet was given only to you as a gift by a person other than your spouse, the case could be made that your pet should stay with you. However, there is some difficulty in proving the receipt of the gift.

Given the nature of Florida law, the issue of pet ownership is best resolved outside of the courtroom. Ask yourself, while looking forward to your life after divorce, if you want the responsibility of owning a pet. Try to agree with your former spouse to determine who is best equipped to care for your animal. Consider your resources, daily schedule, and living arrangements. If minor children are involved, it is best to consider what role your furry family member plays in their lives.

For a consultation on this or other Family and Divorce Law matters, contact Cox Law Firm, PA.

The historical Covid-19 pandemic has turned the world upside down and forced many of us to live every moment of our lives in our homes. This has created an uncharted territory, stirring up new anxiety for those not used to a more quiet life with less social interaction other than family members. This undoubtedly has created a strain on many marriages, for couples not used to spending 24/7 in each other's company. Some experts have predicted a rise in divorces before the end of the year.

At first, the thought of working from home sounded like an ideal vacation; get up whenever you like, wear your pajamas all day, pet your cat at your desk. For many, over the past few weeks, the "staycation" quickly faded into a weird scene from the movie "Ground Hog's Day." Every day feels like the last with no escape in sight. If your spouse is getting on your nerves, you are not alone.

In most families, mom and dad get up, kiss each other goodbye, and go off to their separate lives. They converge in the evening and enjoy the quality time together and cherish each other's company. Now with the stay at home orders still in place, married couples are starting to get on each other's last nerves. They are not used to having their partner around every second of the day. Once happy marriages are beginning to see a strain. Marriages on the rocks have solidified the notion that divorce is the only option to hold on to a little sanity.

When you add cabin fever to financial stress with your spouse crunching Cheetos in your ear, things can seem a little overwhelming. However, there are things you can do to help minimize getting on each other's nerves. Try as much as possible to create your own spaces, especially when it comes to working and downtime. Pretend you are still getting up and going to work, you go to your part of the house, and your spouse goes to theirs. Take solo walks and find a hobby that can be done alone. In the evening, the two of you can come together for dinner and a relaxing Netflix flick.

While making sure you have your own space necessary, it is also a good idea to make use of this time doing the things you always wanted to do with your partner but never seem to have the time. Dance in the living room, play board games with the kids and plan a romantic candlelit dinner under the stars on your patio. This could be a perfect time to reconnect with the person you fell in love with.

The good thing to remember is that the stay at home orders are just temporary. Our lives will return to normal, or as normal as they can get under the circumstances. Kids will hopefully go back to school at the end of Summer, and you and your spouse will get back to a routine of your own.

In the United States, 40 to 50 percent of marriages end up getting a divorce. But how much does a divorce cost? And in the state of Florida?

How much it costs depends on which state you live in and what is involved, like children. For most couples, divorce can cost up to $15,000 or maybe even more. Divorces can be costly, really only depending on the circumstance.

A simple divorce can maybe only cost up to a few hundred dollars. Lawyers are also sometimes not needed during divorces. If you and your spouse do not have children or are not having significant disagreements, then a mediator would be much more effective, and easy to afford for you rather than a lawyer.

Children can make a difference in your divorce. You and your spouse may argue over custody, and overall it can cost way more.

Getting a divorce can be costly, but it all depends on your situation. If you ever feel the need to get a divorce, consider the circumstances and the money that will be spent.

Divorce is a tough thing to go through, and it can be not very easy to get the process started as it is going through all the parts. So how do you break it to your spouse that your marriage is over?

You've no doubt been thinking hard on the topic. You may have even confided in other family, friends, colleagues, or clergy for help. Perhaps you've also been trying to work things out in therapy, but it's just not working. So what should you do, and how?

Don’t Blindside Your Spouse

You may be in a relationship where your spouse is clueless about your feelings of wanting to end your marriage. But you owe it to them and yourself to make the whole process as easy as possible for everyone involved, and that begins with not coming out of nowhere with this news. This could be devastating to your spouse and could make moving forward increasingly difficult. Keep communication open as much as possible.

Timing

Hopefully, you know your significant other well enough to understand how they might handle divorce news. Some will take it better than others, and when you might tell them could matter too. You are probably familiar with when to tell your spouse terrible news and have it go over smoother than at another time. Take that into account. When you do break the news, make sure you communicate your feelings clearly and honestly but also kindly. Don't blame anyone. This can be a very jarring experience for people.

Be calm, direct and kind

Your spouse is someone you once loved. You owe it to them and yourself to be kind. Especially if you have children with this person, you may end up having to coexist for some time to come.

Be safe

If you’re concerned your spouse will not react well to the divorce news, you may want to consider breaking the news in a public place, or with a third party present like a therapist. You might not be able to control how your spouse reacts to this news, but there’s always a way to help deescalate the situation and show understanding.

Be serious

Please don't joke about it. It's a serious matter and requires zero humor or threats of divorce if you do not mean it. Take it seriously.

Call us today if you need any help with divorce issues with your spouse.

There is little argument that divorce comes at a pretty hefty price. Not just on the emotional and relationship ties, but cold, hard cash. The public and private costs incurred from divorce are tremendous, and Republicans in the Florida Legislature are presenting a bill for the upcoming session to try and lessen that cost. This bill will create what is called "Florida Guide to Healthy Marriages."

Republicans Senator Dennis Baxley, of Ocala, and Representative Clay Yarborough of Jacksonville want the Department of Children and Families to create the guidebook. The book would be developed under DCF and would help tackle the almost 2 billion dollar cost to taxpayers of divorce. These costs are in things like the justice system, Medicaid, and Florida's Temporary Assistance to needy Families program. Politicians contend that the personals costs associated with divorce affect women and children more so than men.

Current state law requires couples to sign off that have read the "Florida Family Law Handbook" or some other marriage-related information before getting a marriage license. This bill would add the "Healthy Marriage Guide" to that list. The Florida Department of Health reports about 77,000 divorces in the state in 2018. Unlike the current handbook, which focuses more on prenups, alimony, and finance, Baxley's plan focuses more on interpersonal issues like relationships, family success, violence, and conflict resolution.

Keep an eye on the 2020 Florida Legislative Session for more information.

SOURCE: 1

While there is no legal reason why you can’t start dating before your divorce is final, it’s still a grey area. Just because you can doesn’t mean you should. Dating before your divorce is finalized can seriously affect you legally and financially.

1. It can increase the cost and stress of the divorce trial. Parading someone new around has the potential to create suspicion that the relationship started before the marriage ended, enrage your ex, and may even subject your friend to be deposed by lawyers for details regarding your association. Also, if your spouse is not seeking a fault-based divorce, a new relationship can impact the progress of settlement and be seen as a tremendous distraction. Your spouse might feel betrayed or replaced and may be less likely to want to engage in settlement discussions, motivated by revenge, or otherwise not want to be part of an out-of-court resolution. If you’re hoping for a civil split, do what it takes to stay amicable.
2. It can affect your settlement. If you’re eligible for spousal support, in some cases, this can be done in installments or one lump sum. If you’re already in another relationship, your ex may option for payments, which end the moment you move in with someone else. 
3. Dating during divorce complicates co-parenting agreements. Splitting up is traumatic enough, but now your partner is anxious about who this new person is that you’re hanging out with, and how they will affect your children. 
4. Your kids need you now. Dating takes a lot of time and energy. Right now, your kids are going through dramatic adjustments, and they need you more than ever. Even if they seem "fine," they're not.
5. You’re probably not ready to date. After the hell you’ve been through - the neglect, the emotional roller coaster - of course, you want to feel attractive and wanted again. That’s only natural. But running out to find someone as an ego boost, to hide the pain of your divorce, or jumping into a rebound relationship to not be alone is not only a bad call, it’s selfish. 

Until you can properly grieve for your lost marriage, you’ll still have unresolved issues that you’ll take into the next relationship. You also need to understand the part you played in the breakup. No one person is to blame.

Until you can forgive your spouse and yourself and move past the hurt and anger, you aren't ready to start a fresh, new relationship. You’ll carry the ill feelings from your past marriage and likely repeat your mistakes.

As difficult as it is, this is your time. It’s time you can take for yourself to reflect, heal, get help, find yourself, do what you love, put yourself first, and get back on your feet. Eventually, there will be someone else to put first again, so enjoy yourself right now.

Divorce is never an easy decision to make. It can typically involve many different factors and even people. There are ways to make the finalization of divorce easier by creating a checklist for yourself before taking it to the serious point of divorce. Knowing how to handle a divorce before papers are signed can be beneficial to both parties and at the very least, give you peace of mind that things are in the right order. Here you will find some of the things to add to your checklist before finalization, ensuring you won't have to deal with any potholes along the way.

• Finances are a big part of a divorce. Many married couples share joint accounts and may have for many years. Keep track of what's in the accounts before bringing divorce papers into play. If possible, begin the separation of what's yours into a new account on your own. In the unfortunate case of a soon to be ex-spouse draining a joint account when they get informed of the impending divorce, you will be safe from potential over-spending that you're unaware of.
• On the same page, with separating your accounts, it's best to close joint credit accounts as well. Try to have them paid off before divorce proceedings begin as it can be a bit more difficult after the fact. You can request the accounts to be frozen as well, but this won't get rid of a balance due.
• Do your homework on who's representing you! A divorce attorney may not always be needed if both parties remain civil and find an agreement amongst each other, but that is not always the case. If it's a particularly messy divorce (or has the potential to be), a divorce lawyer should be at the top of your checklist. Don't go with the first lawyer you meet with. Try to interview 3-5 lawyers who have at least 5-10 years of experience in family law.
• What will your living situation be after the divorce is finalized? Do you think you and your soon-to-be ex-partner will still live civilly together, or is someone moving out? If it's the latter, both parties will now be taking on rent/mortgage payments on their own. This can be a bit more difficult when children and owned property are involved. It's recommended to remain living with the partner you are divorcing until all court proceedings are done and the divorce is officially final.
• One of the most important things to do before finalizing a divorce is to keep your cool and lay low. A divorce is a very emotional time for everyone involved, and acting out in anger and frustration will only make things harder for you. As for laying low, it's a good idea to keep the dating to a minimum until the divorce is said and done. This looks better on you if you remain focused on the goal of working on your family if there are children, and if there are no children, it's a good time for you to reflect on yourself and work on that.

There are quite a few other things to make sure you go over before divorce is finalized, but these are some of the top things that should be covered before taking that last step. It's an unfortunate time, and every situation is different, but if you're prepared beforehand, it makes it a bit easier.

SOURCES: 1

We’ve all heard the statistic. “Half of all marriages end in divorce.” A 50/50 prospect seems dim, no? Well, that data isn’t exactly accurate any longer. While it used to be, the overall divorce rates have been declining for years. A more realistic number is that 1 in 4 unions will end in divorce.

There are multiple factors to consider since the probability of divorce isn’t the same for all couples. While some are quite unlikely to split, others have a higher than fifty percent chance of divorce. For example, those entering into second or third marriage are more likely to view divorce as an easy out when times get tough since they've done it before. There are also usually children from previous exes. These additional people and the issues they bring along with them can be considered "baggage," which can put a strain on new relationships.

On the flip side of that coin, a certain percentage of people learn from their unsuccessful marriages and go into new relationships older, wiser, and more determined to compromise and communicate. Predictions are certainly not “one size fits all.”

When it comes to marriage, patience is a virtue. Millennials are primarily responsible for the plummeting divorce rates. Their increasingly selective nature can explain these falling divorce rates regarding marriage and the greater stability of the couples who persist through cohabitation and enter marital unions at high levels of economic interdependence. In other words, Millennials wait longer, marriage is rarer, it’s more stable than it was in the past, and couples share all responsibilities equally. The social acceptance of living together and the decline of well-paying jobs that allow for financial stability mean that couples who previously would have gotten married younger put off that particular milestone until they’re more confident it won’t end in divorce.

Finally, many factors influence the chance of getting a divorce, so for anyone couple to blindly accept that the 50/50 probability applies to them is a misleading oversimplification that could potentially become disruptive and a self-fulfilling prophecy. Going into a life-long commitment with the idea that you only have a 50/50 chance is damaging. If you believe in your heart that success is a coin-flip and only commit half of yourself, you might walk away when things get tough instead of putting in the work necessary for a successful marriage. Put, if you think that your chances of failing are high, then you are likely to see signs that you are "failing" more readily, and then use those signs as a confirmation that you are failing. This is known as “the confirmation bias." In this case, you may be sabotaging your marriage.

While opposites may attract, values must align. Arguments are almost always traced to differing values, no matter how petty. John Gottman, an American psychological researcher, and clinician who did extensive work over four decades on divorce prediction and marital stability, has identified what destroys a relationship.

Gottman’s Four Horseman of Marriage:
Criticism, Contempt, Defensiveness, and Stonewalling. They represent conquest, war, death, and hunger, respectively.

The number one reason for divorce, by a large margin, is lack of commitment. Without it, there’s no willingness to weather the storms, work through the rough patches, keep the relationship going - and both partners have to be equally committed.

The Top Reasons for Divorce:

• lack of commitment
• infidelity/extramarital affairs
• getting married for the wrong reasons
• too much conflict and arguing
• being out of touch/lack of intimacy
• lack of individual identity/becoming lost in the roles
• getting married too young
• financial issues
• substance abuse
• domestic violence
• not having a shared vision of success
• unmet expectations/unrealistic expectations
• difference in sexual libido
• lack of family support/intrusive parents
• children from previous relationships
• health issues
• weight gain
• lack of equality
• lack of trust/privacy issues
• lack of appreciation
• little or no premarital education and religious difference
• differences in or lack of communication
• laziness/unwillingness to work at the relationship/complacency.

Getting divorced isn't typically a joyous occasion, especially when there are children involved. Many different factors are now needing to be considered, and one often overlooked subject is how to handle is the birthday celebration of the divorced couple's younger child/s. What is the best way to handle this type of situation and still keep the peace? Should divorced parents have separate birthdays for the child/children or try to put differences aside and come together for the occasion?

A lot of it comes down to how the parents interact after the divorce is said and done. If there was a lot of fighting and anger present at the time of finalization, it might not be a good idea to have both parents in close quarters. That being said, if both parents can agree that the day is for the celebration of the child only and they can work together to make it a good time, then there shouldn't be a need for separate parties. 

It's wise to have a makeshift checklist if you are a divorced parent trying to decide to invite your ex to the party or not. If you know that the circumstances of the divorce still afflict your ex, do you think there's a chance they can be volatile? How involved are they with the child's life? Do you think they will cause a scene? Do you think YOU will create a scene if they're there? Will inviting the ex mean inviting along with ex-in-laws as well? But most importantly, you need to ask your child what they want (so long as they're able to make that decision on their own). 

Ultimately, if you can't resolve the differences with your divorced partner and see it being a ruined birthday celebration for your child if they are there, then separate parties may be needed. There can even be a compromise if having two parties for one child seem excessive, such as having the other parent take them out for the day or out for a meal. It all comes down to making sure the child's birthday is fun and not stressful for the birthday kid. 

A divorce can be a sad time for many, and not so sad for some others.  Either way, it's a process in Florida that takes time and has different rules for specific circumstances when it comes to filing for divorce. When children are in the picture, it can make things a bit more complicated. But what can one expect when they file for divorce in Florida, and NO children are involved?

If both parties are in agreement and have decided to split property, assets, and debts; then you may qualify for a "simplified" divorce. This is the most inexpensive way to get a divorce in Florida, and the main requirements are that are no biological or adopted children under 18, and the wife is not pregnant. This is the best route to take if matters are discussed beforehand as well. That means like stated before, all property/assets/debts/etc. are divided equally, or certain things were agreed upon without the use of an attorney or divorce trial.

If it becomes more complicated, then couples will have to file for Florida's second option for divorce; Regular Dissolution of Marriage. This comes into play when there are children involved, and custody becomes an issue. It's also the option for when lawyers need to be brought in when couples can't agree on individual items to be split between them.

When the last option is to file for divorce, and no children are in the picture, it can be a simple and inexpensive process in Florida. Former partners being civil in times of divorce can make everything a lot smoother and go by a lot quicker, and with a lot more money left in both their wallets!

Take the first step and contact Benjamin J. Cox for a consultation. 

Your safety should be one of your number one concerns.  Unfortunately, there come certain times where a specific barrier needs to be put in place between you and another individual. Restraining orders have helped thousands of people safe from a potentially dangerous situation. The way to go about obtaining a restraining order differs from state to state, so how does it work precisely in Florida? Here you will find the right steps to take if you should ever find yourself in need of filing a restraining order.

In Florida, a restraining order is otherwise known as a domestic violence injunction. This order prevents those presented with it to stop any contact with you and keep a certain distance away from you at all times. It doesn't cost anything to file a restraining order, and they work almost immediately. But several conditions that are to be met before slapping a restraining order on just anyone. Some of these conditions are:

A person accused must be living with you or has lived with you in the past. In most cases where a restraining order is requested, it's between spouses (current or former) or family members (blood or marriage).

Reasons for a restraining order must fall into the domestic violence category. This includes, but isn't limited to: assault/battery, aggravated assault/battery, sexual assault/battery, all forms of stalking, any form of kidnapping, and any criminal offense that left another family member or spouse in physical injury or death.

It is essential to realize the situation you're in and determine if a restraining order is the right option. This means you don't need to wait until someone puts their hands on you to file a restraining order. If you feel like you're in imminent danger, you can file a domestic violence restraining order. The court will go over the history of the person accused and determine if this is the right course to take.

The process of filing a restraining order is merely locating the correct courthouse for your county and setting up the first available time to get it filed. If this is an issue that happens over a weekend or anytime the courthouse isn't open, a crisis hotline for the specific county should be contacted to assist you further.

At this point, the process of filing a restraining order in Florida begins to take effect. Once the paperwork is finished and submitted, a hearing date will be announced. Soon after, the abuser will be served with a notice to appear in court. This notice does not need to be delivered by you as the local sheriff's deputies can deliver it for free. From there, on the court date scheduled a judge will determine the fate of the restraining order and how it will be laid out. Filing a restraining order is a dire situation, and the state of Florida knows this and works quickly and accurately to ensure you stay safe at all times.

Benjamin J. Cox can help you with many legal issues, contact our office today to schedule a consultation. 

If you and your spouse have reached the decision that your marriage cannot be saved divorce is the final option.  Legally ending a marriage is different in every state. Florida has its own set of rules on divorce proceedings.

The legal term for a divorce in Florida a "dissolution of marriage." Florida, just like many other states, has removed fault as a reason for a divorce. The only requirement is that one side needs to provide a reason that the marriage cannot be salvaged. Either party can file for divorce in the state of Florida and must prove there was a marriage, to begin with, and one spouse has to have been a Florida resident for at least six months.

The circumstances for every divorce is unique with different considerations. Depending on assets and if there are children involved, there are two ways to file for a dissolution of marriage. Most couples go with a "Regular Dissolution of Marriage," but there is also the "Simplified Dissolution of Marriage." Your legal counsel will advise you on which one is right for your case.

Divorce proceedings can last for several months depending on the unique aspects of each case. It can be emotional for both parties and especially hard on children involved.

Benjamin J. Cox has many years of experience helping families through this challenging time. Contact our office today for a consultation.

Being involved in custody battles for your child is difficult all on its own.  But what if you suspect the parent that has primary custody may be unfit, negligent, or even abusive to the child? Every state is different when it comes to court hearings of custody. Proving the other parent is unsuitable in the eyes of the law is not always easy but can be done. However, the child's wellbeing is the most crucial issue in any state in the country.

Caring for a loved one with dementia or Alzheimer’s disease is difficult. Often, loved ones with these conditions reach the point where they’re no longer able to make informed or rational decisions. If these conditions are coupled with a stubborn refusal of assistance, the situation can even become dangerous. 

Guardianship is an essential tool for families dealing with these conditions. Guardianship gives the caregiver the same kind of authority a parent has over a minor child. Guardianship is usually required when someone with dementia or Alzheimer’s disease is no longer able to sign documents due to their mental incapacitation legally. 

When a caregiver is granted guardianship, the family Caton assures that their mentally incapacitated loved one is:

• Living in a safe and dignified environment
• Safe from elder financial scams and exploitation
• Able to receive competent, necessary long-term or nursing home care
• Able to receive proper medical treatment and care.

The person seeking guardianship need to be able to demonstrate to the court that a care plan is in place and that the guardian will appropriately handle the finances. If the court decides the petitioner for guardianship is appropriate and that the older adult person is genuinely incapacitated, the court will grant guardianship.

With the assistance of an attorney, even in the absence of an established estate plan and power of attorney, you’ll likely have time still to create a satisfactory successful care plan and choose health care and financial planning representatives.

It’s never nice knowing that someone is hiding something from you. It’s an issue brought into courthouses all over; someone knows something they’re not telling. This is an especially familiar situation when it comes to divorce proceedings. Is there anything a person can do if they know their ex is hiding assets? What is the procedure to get them to unveil them (if there’s one)? Or is a lost cause if they keep concealing their wages and debts?

First and foremost, it should be said that withholding information or being dishonest when it comes to financial disclosures is illegal. But some ex-husbands or wives want to make sure they keep a secret stash or source of money secret in hopes of not having to share it with said ex. Punishment for this type of action is all up to the jurisdiction and can result in fees and various fines to be paid or even jail time for contempt of court or even perjury. Along with this sort of sentence, if the ex in question is found guilty of hiding financial information, they may be ordered to pay the court costs and lawyer fees for the other party.

In some more severe cases, if an ex is found guilty of withholding this financial information, a judge can dismiss the claims of the ex entirely. Although this may be extreme, there have been quite a few cases in where the judge ordered the other party to obtain all the assets instead of splitting them. All because of a lie, so is it worth it?

If you suspect an ex of withholding assets from you, it may be time to contact an attorney to get everything done the right and legal way.

Getting married is a joyous occasion that takes a lot of preplanning to make sure the day is perfect. On top of setting up things for the guests, finding a venue, and the perfect dress; there’s also the legal side of it. A marriage license is a must, but something most people don’t always think of is getting a prenuptial agreement.

It seems like typically when someone hears the word “prenup"; they give off the impression that it’s only for celebrities, or the very wealthy. While a prenuptial agreement may not be for everyone, it is more widespread than one would assume. So what exactly is a prenup and what are some of the benefits of having one? Search no more; we have the right answers for you!

A prenuptial agreement is a written contract between two people before they are wed. It lists properties and possessions owned by the individuals getting married, as well as debts owed individually. If any of the following pertain to your situation, you may want to look into preparing a prenup agreement;

• If you own rental properties, various homes, acres of land, etc. that were purchased before the engagement/marriage, you can list this in the contract to keep said property separate from your spouse’s property.
• Every situation is different; a prenup can also include any unique terms that pertain to a specific situation in the relationship.
• Debts can be treated the same as wealth when it comes to prenuptial agreements. If a spouse holds a high amount of debt that was pre-existing to the marriage, it can be included in the contract and not required to be split between both parties.
• It can secure any messy legal fees being tossed back and forth in case of a divorce.

Prenuptial agreements have the reputation of being cast in a negative light that the thought of bringing it up could lead to arguments about trust. This couldn’t be further from the truth, as it can  help build a relationship. It makes both parties talk about serious issues like those to do with money (and let’s be honest, almost everything costs money nowadays). Communication is critical ina marriage and putting it all out on the table with a prenup contract can lay out a strong foundation for years to come.

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We’ve all seen them - billboards advertising cheap, quick divorces for just a couple hundred bucks. You may think “cheap and quick! What could be easier?” Well, unfortunately, like most things in life, “if it seems too good to be true, it probably is.”

And here’s why...

First off, divorces, by nature, often bring out the worst in two people, no matter how low conflict, amicable or friendly both parties are when the divorce starts. A cheap, uncontested divorce might start out seemingly simple. Then, the respondent is served with their copy of the petitioner’s motion, suddenly decides to get rattled and now you (the petitioner) have a very much contested divorce on your hands. So, you’ve started the ball rolling with a paralegal that you’ve likely spent very little time with, who charged you to fill out paperwork you could have downloaded on your own, and who won’t be representing you in court. Your spouse hires an actual divorce attorney, and now things have gotten messy.

The most significant mistake people make in an uncontested divorce is failing to properly outline child custody issues including future time sharing, expense sharing, medical insurance, and relocation. Using a “cheap, quick divorce” agency to deal with these issues in an uncontested divorce is never recommended and is almost guaranteed to leave you with regrets and countless more arguments in court.

Even if you and your spouse don’t have children, there are issues of money, property, and income that these “cheap, quick” agencies commonly gloss over or improperly transfer. An actual divorce attorney will go over everything with a fine-toothed comb along with providing advice, counsel, and representation in court so you’re not left “holding the bag.”

It’s also vital to remember that while these agencies may advertise “excellent customer service and support,” there is no guarantee that you’ll ever speak to an actual attorney when you contact them. Quite the contrary. It’s highly unlikely they’re a lawyer at all, and even less likely a licensed Florida attorney. 

The bottom line is that the fine print in these so-called “cheap and easy” divorces will ultimately cost you much more money and stress in the long run.

As grandparents, one of the biggest joys in life is getting to be around their grandchildren. Some grandparents get to see quite a bit of their grandkids, but sometimes issues between the mother and father can cause concern. What exactly are the rights of grandparents when it comes to seeing or being with their grandchildren after a divorce? What if one of the parents doesn’t get visiting rights, will the grandparents on that side of the family be allowed to see the children? Although it may vary from state to state, here you will find a basic answer to these inquiries.

Grandparents DO have rights, but only in special circumstances. Generally, during a typical divorce, custody of the child/children is split amongst the parents. So long as there is one parent of sound mind and body, who can care for the child, will care for the child. This means the grandparents hold no legal reason to have visitation with the child/children in question. The special circumstances mentioned before are as follows; If both parents are deceased, missing, or in a medically vegetative state, then the grandparents will gain full custody of the child/children in question if the home is fit. Another circumstance is similar but where only one of the parents is deceased, missing, or in a medically vegetative state and the other parent is incarcerated or produces some threat of harm to the child/children in question. It that case, the grandparents would again have the rights if deemed fit.

Unfortunately, as far as the state of Florida goes, that is the extent of the rights of grandparents and grandchildren. This, however, is not that case for every state, such as in Connecticut and Delaware, where a grandparent can be deemed rights to see their grandchild/children if it’s deemed in the child’s best interest.

Basically, during a typical divorce in Florida, it is up to the parents of the child to make sure their grandparents are involved in their lives or not. Rights for the grandparents are sparse, but it is possible to make sure both grandparents and their grandchildren are in each other’s lives. 

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Life changes day by day, and circumstances change. Even though you have already established a set child support amount through the court's system, if there has been a change in either parents' income, you can ask for child support modification. A modification can be short or long term depending on the individual situation. 

The courts want to make sure children under 18 are getting the same level of financial support as when both parents lived under the same roof. The evidence is needed before modification can be made regarding child support compensation. The person asking for the modification needs proof that the income of the other parent has increased or that their income has decreased. The most common and easy to obtain evidence is recent tax return statements and the most recent pay stubs. 

There are many variables in child support modification including:

• Income decrease: It happens more often than not that one parent may lose his or her job or have a decrease in pay for any reason. One parent may not be able to meet the current child support obligation or the main caregiver has had a decrease in income and is unable to properly care for the child with the current set amount.
• Responsibilities for minor children change: As children grow older their needs change, whether it be medical like braces or if they want to participate in extracurricular activities. The custodial parent may file for more child support to help with the extra needs of the children. 
• New responsibilities: On the other hand a non-custodial parent may re-marry and have stepchildren to support. In that case, the parent can seek to lower his or her child support compensation to be able to support their new family. 
• Substantial increase of income or large inheritance: If the non-custodial parent gets a significant raise at work or inherits a large sum of money, the custodial parent may ask the courts to modify the payments based on the income increase. 

Depending of the circumstances the court may grant temporary or permanent child support modification. The needs of the children are always the main concern. Custody issues can be an emotional roller coaster for both the parents and the children. For more information on child support modification contact Benjamin J. Cox. 

Sadly, the leading cause of injury to women in the United States between the ages of 15 and 44 is domestic violence. Domestic violence injures more women than car wrecks, muggings, and sexual assault or rapes combined.

If you are in an abusive relationship that has turned violent, you have one priority: Get out. Your safety and the safety of your children come first, period. Domestic violence shelters are places where your identity is kept secret, and your abuser cannot locate you. 

The National Coalition Against Domestic Violence also recommends that you:

• Keep a contact list of “safe” people.
• Memorize the telephone numbers of people you may need to call for help.
• Keep quarters for a pay phone, as you may be without a cell phone.
• Keep cash for living expenses as well.
• Establish a code word with family and friends so that you can tell them to call for help without alerting the abuser.

If you have to leave quickly, immediately go to the court for a protective order (otherwise known as a restraining order) to legally keep your abuser away from you. If you can, it’s best to hire an attorney. If you have children, be absolutely sure that the restraining order specifies that you have custody. Otherwise, your abuser could accuse you of kidnapping.

A protective order is a court document that prohibits your abusive spouse or partner from specific behavior (including touching you, attempting to contact you directly or through a third party, or coming anywhere near you). It also orders your abusive spouse or partner to perform specific actions (including leaving your home and paying temporary child support). You are not required to testify, and your abusive spouse or partner does not have to be present. If your abuser violates the restraining order, the police may arrest and charge them with the violation.

HOW LONG ARE RESTRAINING ORDERS GOOD FOR?

When a judge issues a restraining order in Florida, a court hearing is set within fifteen days. At the hearing, the judge decides whether to give you a “final” order. The final order is usually good for a year, after which it may be modified or dissolved. If your circumstances do not qualify for the injunction for protection against domestic violence, discuss other options with your attorney.

You are considered a stepparent when you are married to the biological parent of a child but are not the child’s other biological parent. A lot of people assume that a stepparent obtains immediate parental rights simply by marrying a child’s parents, but this is not the case. 

There are several complexities that arise in stepparent adoption proceedings. A stepparent must first find out if he or she meets the Florida law requirements for adopting the child. Florida law allows stepparents to adopt in one of two situations. The first is, of course, consent of both biological parents. The second is termination of the non-custodial parent’s parental rights.

When one parent’s rights are terminated, that parent is usually no longer responsible for child support payments, but will also no longer have the protection of the courts for his or her relationship with the adopted child. 

If everyone can agree, the next step in stepchild adoption is to file a petition. The petition must include information regarding the length of time the stepparent has resided with the child or children, the stepparent’s reasons for seeking the adoption, and the stepparent’s relationship to the biological parent. The petition must also include judgments terminating parental rights.

The hiring of a skilled and dedicated attorney is crucial to the success of stepparent adoption and can save you and your family a lot of time and money in the long run by getting it right the first time.

Injunctions for Protection (also known as Restraining Orders) are designed to prevent an individual from harming or coming into contact with another individual.

In Florida, there are four types of restraining orders intended to protect victims. These restraining orders are divided into types based on the relationship between the Petitioner (victim) and the Respondent. The four restraining order types are domestic violence, sexual violence, dating violence and repeat violence.

Domestic Violence restraining orders are obtained when both parties have lived together at some point, or they have a child in common.

Dating Violence restraining orders are for parties with no children in common but where a romantic relationship existed within six months of the filing of the injunction for protection.

Sexual Violence injunctions are for victims of sexual abuse and do not require filing criminal charges or successful prosecution  to be obtained.

Repeat Violence injunctions work as a “catchall” for any other relationship, such as an acquaintance or neighbor, and require two incidents of violence, like stalking, to have occurred within six months of the filing of the petition. 

To file a restraining order, a petition must be prepared and filed with the court. The petition will ask for all personal information of the petitioner and respondent including physical address, place of work, physical description, and most importantly, the allegations. It is best to provide exact details and location information where violence took place  for your petition to be successful.

Usually, once the petition is filed, a judge will immediately review it, and if the allegations of violence meet the Florida law requirements, the judge will grant you a temporary restraining order the same day that is valid for 15 days.

A final court hearing is scheduled on or near the 15-day mark after filing the restraining order. During this time, the petitioner should gather phone records, witnesses or other evidence helpful to the case. Non-authenticated documents will not be considered unless they meet the standard for Florida rules of evidence. For this reason alone, it is vital to hire an experienced attorney so that every step is properly carried out and that the judge  caton hear and see all evidence for your protection.

Even in the most seemingly ideal situations, the successful blending of families is often a daunting task. As a new step-parent, it’s natural to want to instantly bond with your step children and create a new family, but what approach is in the actual best interest of the children? Here are a few Do’s and Don’ts to keep in mind as a new step parent:

• Don’t expect a magic flip to be switched on the instant you marry. Adapting to a new situation takes time for anyone, especially children who may still be reeling from their biological parents’ divorce.
• Do take things slow and allow the dynamic to develop naturally. Remember, this is their world of security and familiarity, and you are new. Expect some rough patches and know that love will develop over time.
• Don’t discuss disagreements with your spouse within earshot of the children. Children are curious and likely to blame themselves for most issues.
• Do set aside time to discuss troublesome issues privately with your spouse. If it is an issue that involves the children, choose a time to calmly discuss the issue as a family. This prevents children from playing one parent or step parent against the other and shows a united front. Discuss expectations and rules about each member of the family’s responsibilities in a respectful, cooperative manner.
• Don’t attempt to replace a parent. No matter what your feelings toward the former spouse may be, trying to replace them leads to strong feelings of resentment.
• Do be a role model, source of support, encourager and mentor. Children deserve a listening and caring ear. It is never okay to disparage or bad-mouth a biological parent. When children hear one of their parents is  “bad," they believe “part of me is bad.” Keep it positive!

When you’ve received your Final Judgment of Dissolution of Marriage in Florida, you’ve seemingly reached the end result. This doesn’t mean, however, that your divorce terms are final forever. In Florida, if you are dissatisfied with your divorce outcome, there are several avenues to explore in appealing or modifying the final divorce decree.

Deciding on the proper course of action for your specific situation requires a close examination of the facts and, ideally, assistance from a qualified attorney. 

Appealing your Final Judgment of Dissolution of Marriage in Florida must be done within a specific time frame and must meet specific requirements. Namely, it must be proven that the trial court made an error and refused to correct it. You have a strict filing deadline of 30 days from the final judgment to file an appeal. Typically, the appellate court will only review arguments that were already presented to the trial court. Only the most serious claims - fundamental error or error of law - will be considered for the first time appeal. This means you must show that the lower court made an error in its interpretation of the facts or made an error of law (such as Child Support Award Amount or Determination of Marital Assets Subject to Division). 

Modification of Final Judgment of Dissolution of Marriage can occur any time after the final judgment and may be made when there is a dramatic change in life circumstances. If your income is drastically reduced, for example, or you are moving out of state, asking for adjustments in things like visitation, alimony or child custody is often necessary. If children are involved in your divorce, custody decisions are made in the best interest of your child. Requests for modification that involve children must show that the changes you’re asking for are beneficial to your children.

There are someof factors that will increase your chances of having your modification request granted, and there are those that will just as easily cause you additional problems in court. It is imperative that you seek the counsel of an attorney who specializes in these matters before presenting your modification or appeal in court.

A divorce is never an easy situation to be in, and one thing that makes it even harder is having children in the mix of things. With biological parents, they typically share equal rights to custody of the child(s) in question unless determined otherwise by a court of law. What if there is only one biological parent and the other a step parent? What kind of rights do step parents have during a divorce? That’s one of the more difficult questions a step parent will have to find out in case of divorce proceedings. The following will provide more information on staying in a step child’s life after divorce.

Unfortunately, in Florida, a step parent does not hold anyof legal right to have custody of a child. Once the biological parent decides to severe ties with their partner (the non-biological parent), they can no longer see that child at all. Even in extreme cases, such as the death of the biological parent, the step parent does not have the rights to continue raising said child. The other biological parent or a family member would ultimately have to look after the child until he/she is of age.

But don’t fret! This doesn’t mean all hope is lost for step parents during a divorce, but it does mean that they need to plan accordingly. If a step parent wants to retain a permanence in the child’s life, the best (and albeit only) option out there is to adopt the child. That in itself may cause some difficulty because the step parent has to get the permission of the other biological parent in question to adopt the child. Without the consent of the other parent, the step parent must be able to prove that the other parent is non-existent in the child’s life and cannot be reached andor found to obtain consent from. As soon as the adoption is finalized, the step parent now holds parental rights and custody of the child.

Ultimately, the best way to protect the relationship between a step parent and step child is to go through the adoption process with a lawyer and obtain their rights. It can be a long, drawn out process but in the end, the payoff is much greater than the payout. Don’t let a divorce stop you from being in the life of the child you love and care for. 

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In this day and age, marriage is not seen a necessary life event. There are many families that live harmonious amongst each other and marriage has not needed to be a factor in their lives. Unfortunately, that is not always the case and couples who have started families eventually decide to go their separate ways. Custody battles can get a bit tricky in this case. Who have what rights? Here we will go over a few basic facts you should know about custody battles if you are not married.

If you are legally a parent of the child in question, meaning you are a biological parent or have gone through the necessary procedures to legally adopt the child, then the custody process is the same as if there was a divorce taking place. This means the court will decide what is in the child’s best interest and place him/her accordingly. Same goes for visitation and child support. Florida  requires a parenting plan be submitted in all child custody cases (Diaz – FL Court Forms).  Everything is done practically identically to the same process of a divorced, married couple.

If you are NOT legally a parent, the process changes quite drastically. If a person does not go through the proper outlets to obtain legal rights to a child, even if he/she raised the child along with a legal parent, it does not hold in a court of law. Most states give little to no rights to a non-legal parent, some not even allowing visitation or requiring financial help.

In some cases, such as where the biological parents of a child pass away, a non-legal parent or guardian may be appointed to parent the child. The court process varies from state to state, but ultimately the judge determines if a person is fit to continue to raise the child in question.

It is a good idea for unmarried couples with children to write out their own parenting agreements. It should be gone over with a mediator or family law attorney, if possible for the family, that way things can be worked out fairly through a legal process.  

Lastly, always remember the most important thing in all of this is the children! It is imperative to keep the child’s best interest in mind, making sure any agreements don’t indirectly hurt the child in some way. Listen to what they have to say (if applicable) and listen to the other parent in their lives. Working together through situations like these makes it a whole lot easier and stress-free in the long run.

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What is nesting?

There is a new term used in divorce called “nesting” or “bird nesting.” The label applies to parents who allow their children to remain in the existing family home while the parents alternate between living in the family home and a separate location.

Unfortunately, in most divorces, both parents are not entirely willing to put the needs of their children before their own. Ideally, the idea of nesting would minimize the trauma to children involved in divorce, and both parents would have the first-hand experience of bouncing between homes the way children usually do.

Because most divorced couples refuse to communicate effectively or show respect with one another, divorced couples that make the nesting process work for even a short period are rare.

Also, nesting gets expensive because it requires three homes instead of two. Often, this aspect is unfeasible for divorcing families.

Divorcing couples should always attempt to communicate and show respect for the ex-spouse for the sake of the children. This is only possible when divorcing parents avoid selfishness and immaturity. The few cases of nesting that work are between two ex-spouses who can get along despite no longer being married.

When the dating aspect comes into play, the situation can become complicated.  Many single men and women are unwilling to get involved with divorcees so intimately involved with their ex-spouse.

Although all of the above factors may steer couples away from the idea of nesting, some couples that have used the method successfully and continued to do so until all of their children were off to college. These are the kind of couples with unselfish and loving attitudes for their children.

Most parents agree that even in a divorce, the number one priority is the best interest of the children, and to guarantee that the child support arrangement offers adequate financial security.

The State of Florida has specific guidelines to determine the amount of child support that is ordered and various ways of obtaining the payment from the responsible party.

When your attorney presents your case to the judge, the judge will take into consideration the following factors:

• The income of both parents
• The time-sharing schedule (how many overnights the child has with each parent)
• Child care expenses paid by both parents
• Health care expenses paid by both parents

If child support has been ordered and the responsible party falls behind or ignores their financial responsibility, it is imperative to have the matter brought back before the judge. This can be done by asking the judge to find the responsible party in contempt of court and violation of the standing court order. The judge can then order that the responsible party pays a purge amount toward what is owed, and have their wages garnished for future payments. In some cases, the judge will order the responsible party be incarcerated until a purge amount is paid.

Many clients fail to realize that courts handle issues that arise at every stage of divorce - including defiance of divorce court orders. There are legal measures that are available to everyone in family court to hold your ex responsible for failing to hold up their end of the bargain.

A few examples include:

• An ex who fails to meet his/her child support or alimony obligation
• An ex who refuses to adhere to a court ordered visitation schedule
• An ex who enters your home without permission or harasses you

You have the right to have the matter heard before a judge. You or your attorney must file a motion with the court addressing the specific issue/order to get relief. It isn’t fair to live without the money you need to care for your children or go without seeing your children because you believe you have no legal recourse.

Many clients believe they are stuck living with the consequences of a defiant ex because they don’t feel they can afford an attorney or they fear repercussions from their ex. The truth is, however, suffering without cause will continue as long as utilizing the court is delayed.

While it’s no fun to think about the possibility of a marriage ending before it even begins, the reality is, that divorce rates are high, and protecting yourself before taking the big step can bring peace of mind and a resolution to some arguments before they even start.

A prenuptial agreement is a legal document that specifies what assets belong to whom before getting married. Should divorce occur, it protects any assets that were brought separately into the marriage. It could also state that everything will be evenly shared after the wedding. This is an important and personal decision. It must be made entirely between you and your future spouse.

The thought of creating a prenuptial agreement can be daunting. However, it is important that you are aware of its many benefits. These include:

• Identifying who will get which assets in the event of a divorce
• Protecting property that was accumulated before marriage or individually during marriage
• Minimizing conflicts that inevitably arise after a divorce
• Helping you feel at peace knowing your affairs are in order
• Minimizing potential expenses related to future court proceedings
• Avoiding the stress of a contested divorce
• Protecting you from your spouse’s pre-existing debts or debts that they accumulate during marriage
• Protecting the family business or any heirlooms or inheritances left behind by your family

Too often, we see clients that were thinking with their emotions, jumping in with both feet and ending up on the “losing end” of a divorce. A prenuptial agreement is a safeguard against potential future heartache, and managed the right way - makes both parties happy!

Sometimes two or more parties find themselves embroiled in a legal dispute over money or another specific performance (such as breach of contract). Rather than criminal sanctions imposed in Florida criminal court, the result is civil litigation.

Parties in civil litigation cases must head to the courtroom for a trial so a judge or jury can hear the facts from both sides and decide the matter. A lawyer who specializes in civil litigation (also known as a “litigator” or a “trial lawyer”) represents clients across a broad spectrum of related proceedings. These can include pretrial hearings and depositions, in addition to arbitration or mediation before court personnel or administrative agencies. 

Arbitration and mediation are methods used to save the time and expense of going to court through processes that attempt to guide the parties toward settlement. Arbitration and mediation hearings are sometimes successful in their goal - both parties can walk away feeling that they’ve reached a manageable agreement. In some cases, however, parties are unable to reach an agreement in mediation or arbitration and must proceed to trial.

Types of Civil Litigation

Civil litigation encompasses a wide variety of legal disputes, and civil litigators  specialize in one or two specific areas of practice. Several more common areas include:

• Product liability lawsuits 
• Environmental law
• Landlord/tenant disputes 
• Intellectual property disputes
• Personal injury claims 
• Medical malpractice claims
• Construction liability lawsuits 
• Real estate lawsuits 
• Employment and labor disputes
• Anti-trust litigation 
• Education law disputes
• Workers' compensation claims 
• Divorce lawsuits 

Loosely defined, civil litigation is a legal process wherein criminal charges and penalties are not at issue.

Two major binding contracts between people can be twice as messy to untangle simultaneously: marriage, and business partnerships. The challenges of understanding, valuing, measuring, and dividing a business makes it one of the most complicated things that divorce attorneys encounter. Improper strategy by an inexperienced attorney can result in an unfair division of business assets and an unfavorable outcome for you.

Few things raise resentment between business owners quite like a stranger sifting through the company’s finances. Many family-owned, small, businesses have proprietary, often difficult to decipher financial records. Often, business owners prefer it that way when the business finances intertwine with their personal finances.

The first step the court takes is to determine whether or not the business is a marital asset. The next step is to determine the value of the business.

If the business was owned or operated by one person before the marriage, or is covered under a prenuptial agreement, it is usually considered part of  “non-marital assets or liabilities” and may be excluded from the division of assets phase of the divorce process. However, if the married couple opened the business together, or if one person started the business during the marriage, the business is usually considered a part of the marriage assets and subject to equitable division.

If it is determined that the business is a marital asset, the court may decide to enter an order so that the business assets are partially distributed throughout the course of the divorce proceedings, before the final judgment.

Depending on your individual situation, it might be best to dissolve the business entirely or to re-establish it under new ownership and regulations following the divorce proceedings. You will need to discuss all of your possible options with your attorney throughout your entire divorce proceedings. Making different plans for the future of the business affects the details of the divorce itself - like alimony and child support awards.

When you’re trying to maintain your sanity while parenting children out of two homes, stress levels between you and your ex often increase during the holiday season.

This time of year can also stir up a variety of feelings in your children. If it's their first Christmas following your divorce, keep in mind that the changed dynamic of the family may hit them intensely. While you can’t eliminate your children’s pain, the way you spend the first holiday after a divorce can positively impact your children’s perception of the family change.

Start by keeping your emotions in check. Your kids will take their cues from you. Make sure you pay attention to your feelings and needs throughout this holiday season.  Take stock of where you may need a little extra emotional support and create a plan for meeting those needs.

Remember silence is not always golden. Talk with your children about how the holidays will look for your family this year. Explain what will be different and what will stay the same. Discuss with kids what they feel is most important and what they think will be the hardest.  While it’s incredibly difficult to see your children struggle, it’s important not to avoid the conversation, which makes things more difficult for them.

Focus on creating meaning, not pressure. This year, focus on what matters the most so to avoid driving yourself into holiday burnout. Find ways to slow down. Minimize obligations and make quality time with your children your highest priority. Focus your energy on strengthening the relationship between yourself and your kids and their relationship with each other. Help them feel reassured that life will go on.

“Different” doesn’t have to mean “devastating.” While routines are necessary sometimes adopting the philosophy of “out with the old, in with the new”  isn’t a bad idea.  Instead of putting you and your children in a “just going through the motions” situation consider a new approach.  Decide which holiday traditions are worth hanging on to and where there is room for change. Remember that you don't need to reshape the entire holiday.  Rather, think about an activity you and your children can enjoy together like a movie, bowling or just spending the day in your PJs. Volunteering time to help the less fortunate is a wonderful way to both make new memories and teach your children about giving.

Make gift giving guiltless for kids. Children love doing nice things for the ones they love - especially during the holidays. Showing up to special events empty-handed makes children feel awkward and anxious. Consider going the extra mile by helping your kids buy gifts for your ex and other important family members, including step parents and ex-in-laws. Gift giving sends a message to kids about the joy of giving, and strengthens their sense of security.

If money is tight, think about helping children bake a batch of cookies, a favorite dessert or craft a special holiday card.

Domestic violence comes in more forms than physical harm alone. Perpetrators of domestic violence often use other methods of abuse to victimize their targets as well. These can include Psychological Abuse, Emotional Abuse, Sexual Abuse and even Legal Abuse.

No matter what form the abuse takes, it is never okay. As a victim, you have a certain set of inalienable human rights. If you or someone you know is suffering from abuse of any kind, remember that you don't have to stay silent. There is help available. Consider printing the following Victim Bill of Rights adapted from the Nicole Brown Foundation Education Center. Post it in a conspicuous place to remind yourself that you are not alone. You have the right to be happy. You have the right to be safe.

1. I will not be blamed or shamed for having been a victim.
2. I have the right to be happy.
3. I have the right to be free from all forms of abuse: physical, mental, emotional, psychological, sexual, or legal.
4. I have the right to feel my feelings, no matter what they are.
5. I have the right to take care of myself.
6. I have the right to have my needs met.
7. It is not my job to make everyone else happy.
8. I have the right to make choices.
9. I have the right to be loved in a healthy way.
10. I have the right to live without fear.
11. I have the right to express myself.
12. I have the right to forgive myself for my past mistakes.
13. I have the right to put myself first.
14. I have the right to be human - not PERFECT.
15. I have the right to my privacy and free time.
16. I have the right to have fun.
17. I have the right to earn and control my money.
18. I have the right to ask questions about anything that concerns my life.
19. I have the right to say NO.
20. I have the right to feel safe.

For more information on your rights contact Benjamin J. Cox, Attorney at Law.

While the conversation will most likely be difficult, delivering the news of your divorce to your children is also an opportunity to remind them that they are your  priority, that you love them, and that as a family you’re going to always work together to meet their needs. Above all, it is vital to be  certain that the divorce will  happen before you tell your kids. 

Next, consider the following guidelines:

1. Come to an agreement with your former spouse about the discussion you will have with your children. Although your marriage may be irretrievably broken, your love and responsibility for your kids is not. Having a conversation before the discussion with your kids will help you avoid hashing out your differences in front of your children, which isn’t fair to them. If you feel like the two of you are unable to communicate rationally, consider hiring a counselor or mediator to assist with the conversation.
2. Remain calm and avoid finger pointing. Children already have a natural tendency to blame themselves for something that goes wrong in a family. The manner in which you and your former spouse present divorce news to your kids can either reduce or increase their anxiety. It also helps them anticipate the most positive outcome for themselves. If the discussion becomes a blaming and screaming match, your kids will feel confused and unsettled about what is happening. Instead, avoid talk about whose “fault” this is. 
3. Provide a general “why” answer, but avoid additional specifics. It is not necessary or even appropriate that you provide your kids with specific details about what led to your divorce decision. However, they will naturally want to know why it is happening. Older children will understand that this is a massive life shift. They will likely weigh that shift against the reasons you provide to them. So while it’s best to avoid sharing details of a personal nature, you’ll want to be prepared to give them some  general explanation. 
4. Welcome, their questions as they arise. In the initial conversation, they’re likely to ask about where the departing parent will be living, how often they will get to see that parent, if they’ll have a choice in which parent to live with and other questions. To the best of your ability, be open and honest in your responses. If you don’t know the answer to the question, tell your children that you don’t know. As the conversation unfolds, they are likely to revisit the issue on several occasions to ask questions that have come to mind. Remember to be patient and continue to answer the questions as best as you can. It may take some time for them to articulate their feelings.

Many who consult with me to handle a case for them regarding a child born out of wedlock have one particular question in common: “In Florida, does a father have the same rights as the mother regarding a child born out of wedlock?”

With the passing decades, there have been significant changes and ideological shifts involving a person’s rights and roles with regard to raising a child. The laws have likewise changed to address those shifts, and there is a legal procedure required to establish those rights in the eyes of the law as follows:

• First, a person must file a Petition with the court for a finding of fact through what is known as a “paternity action”. This action legally establishes and recognizes the biological father. Although a person may be listed as the father on the child’s birth certificate, if the parties are unmarried, he must be named as such in what is called a “Final Judgment of Paternity”.
  
  Florida Statute 742.10 provides the law and related information regarding where jurisdiction is recognized and the related procedures required for the final determination of paternity for any child born out of wedlock. The parties can cooperate and agree on paternity recognizing the man as the true father, and based on that mutual agreement, the court can enter the required Final Judgment of Paternity. However, if either party contests, paternity must be confirmed through order of the Court for DNA testing.
• Once paternity is established by the court, the court will enter a “Parenting Plan” outlining two major components of parenting, which are “parental responsibility” and the “time-sharing schedule” for the child.
  “Parental responsibility” describes who will be primarily responsible for making vital day-to-day decisions such as necessary medical attention and educational needs. Generally, parents will be awarded “shared parental responsibility” with both parents having equal rights to make decisions regarding the minor child. Each parent also has an equal right to the child’s medical and school records, and they are instructed to confer with the other before making major decisions involving the minor child.
• “Timesharing” describes when the child will be with each parent. If the parties cannot reach an agreement regarding timesharing, the court will make the determination. In making its determination for timesharing, the court uses the factors set forth and described in Florida Statute 61.13.

Both parents have a fundamental duty, responsibility and obligation to provide financial support for their child. Child-support guidelines are governed by Florida Statute 61.30 in calculating the appropriate amount of financial support each parent is to contribute. The guidelines are based primarily on the parties’ respective incomes, with consideration also given to the number of “overnights” each parent cares for the minor child within a year’s time-frame as outlined in the “timesharing arrangement”. If both parents earn approximately the same income and are able to logistically and reasonably reach a 50/50 timesharing agreement, then the child support obligations for each parent would be the same, and neither would be required to pay monthly child-support to the other. Of course, there are other factors to be considered in calculating child-support such as whether one parent is able to or is providing health insurance for the child as well as day-care expenses.

At the Cox Law Firm, attorney Benjamin J. Cox can consult with you and provide you with his 33+ years of experience.

CALL NOW (352) 343-0091 or visit our website at www.BenjaminCoxLaw.com

Judges are people, like you and me. While they are supposed to be neutral and abide only by the law when making decisions about your life, judges are not machines. No matter how much of an effort you make to present your side as the right one, ultimately, the outcome of your case and of your divorce is determined by the judge, and the judge alone.

It’s important to remember that if your judge forms a negative opinion about you - especially early in your case, you could be in for a long, stressful and disappointing ride.

With that in mind, here are five things your divorce judge won’t tell you, but would like to:

1. Never be disrespectful to me, my staff or your spouse. Courtrooms are formal places. When you’re in court, you need to keep that in mind at all times. Even if you feel the judge isn’t paying attention to you, they are. If the judge feels that you are disrespectful toward anyone, you will feel the repercussions. Whatever you do, do not interrupt the judge while they are speaking.
2. The way you look matters. In a divorce proceeding, it’s likely that the most credible piece of evidence you can prevent is yourself. Presenting yourself as well groomed and well mannered as possible can go a long way in the opinion the judge forms about you. First impressions are still everything. Even in a courtroom.
3. Do not insult my intelligence. The level of education you have achieved matters very little in the courtroom. If you speak in a condescending tone or develop an attitude that the judge is somehow incompetent, you will end up facing a very long and uphill battle.
4. Keep your solutions realistic. Judges don’t want to make every decision regarding the way your life will be lived. So if the judge sees that you are making a real effort to be reasonable even when your spouse is not, they will see you in a more favorable light. Showing that efforts have been made to reach reasonable negotiations on the issues before coming to court goes a long way as well.
5. Having an attorney matters. While you may feel like you are well versed in Family Law and are capable of filing motions and representing yourself in court - without a lawyer, your chances are often nil. Family Law attorneys are not only familiar with case law and family court proceedings; they’re often familiar with how a particular judge may prefer to handle a case.

The divorce process is tense. It is emotional and sometimes combative. Both spouses may feel overwhelmed with feelings of confusion, sadness, anger. It is important from the very beginning of the divorce process to have a good understanding of what to expect.

The most important decision you can make at the beginning of your divorce process is to choose a great attorney who will talk to you realistically about all of your options. A good attorney will explain what the law says and the reasonable expectations for your case.

Although it may be difficult to communicate with your spouse, it is important to remember that the more the two of you can cooperate in divorce matters, the better off you will be in court. Your attorney can help you discuss issues with your spouse regarding bank accounts, credit card debts, the house, retirement accounts and time sharing with your children. Interaction and cooperation from the beginning of the divorce will set the tone for working together as co-parents.

Once the divorce petition is filed, the Respondent is served and has 30 days to answer (respond) to the petition. If no response is filed, the court may award everything to the Petitioner that he or she asked for in the petition. If the Respondent does file an answer the case may proceed to trial. Mediation is usually required prior to trial in an effort to amicably reach an agreement.

It is also a good idea to come to your attorney prepared. You can help your lawyer help you by bringing organized documents including bank accounts, credit card statements, insurance and retirement account information. This will cut down on the time it will take to go over your case and get you fully prepared for court.

You will always be our number one priority. We will always treat you with respect and will always work hard to make sure you understand exactly what we are doing for you. We are dedicated to providing you with the best legal advice and representation available in Central Florida.