Situations That Warrant An Injunction

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In order to get an injunction, there usually must have been sufficient domestic violence by the abuser. Domestic violence in Florida is defined as any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.  The following are examples of reasons one might file for an injunction:

• destruction of property
• assault
• threats
• kidnapping, criminal restraint, or false imprisonment
• lewdness or sexual assault
• criminal sexual contact
• criminal mischief
• burglary
• criminal trespass
• harassment
• stalking

How To Get An Injunction In Florida

In the state of Florida, a petition for protection against domestic violence is given priority by the court system in most instances. After a petition is filed, a judge will usually review it within the next few hours. If the petition meets the requirements, the judge will usually grant an injunction right away.

Typically, after the injunction is granted, a sheriff will serve the respondent with the order and the respondent is usually required to leave the house immediately. If this occurs, it will most likely then be illegal for the respondent to be need the petitioner.

The court usually holds a return hearing two weeks after the injunction is served. In most cases, this is an opportunity for both sides to argue their case. This is when the court can make a more educated decision on whether the injunction should remain or be thrown out.

Every injunction case is different. Not every case follows the same patterned outlined above. If you are seeking an injunction, contact our office today.

The Road to Adoption in  Florida

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Call Florida’s Adoption Information Center

The first step is setting up a home study.  To get started, call Florida’s Adoption Information Center at 1-800-96-ADOPT or 1-904-353-0679 to be referred to an adoption worker who can help you begin the process.

Attend an orientation

An orientation is a one to two hour presentation that will allow you to meet and talk with adoptive parents and counselors who can provide an overview of the entire adoption process from start to finish.

Take a preparation class

The state of Florida has several classes and courses you can take in preparation for adoption. These courses are mandatory, but your local adoption agency can inform you on which ones are available for you to take.

Complete a home study

Home studies are done to ensure that the child is going to a safe home. During a home study, local, state and federal background checks will be conducted on all adults living in the household. You will also need to get references from your employer, character references from family members and references from school officials if you have any other children in school. Then a social worker will visit your home.

Get approval

Once the above processes are complete, you will either be approved or denied.

How Child Support is Determined

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Child support is usually straightforward in Florida divorces. The courts typically base child support payment amounts on the length of marriage, the economic state of the spouses, the child’s standard of living, and other similar economic-related statuses. Infidelity isn’t supposed to affect the child support amount ruled, but some exceptions do occur.

Times Your Infidelity Could Affect Child Support

One instance your infidelity could affect child support is if your infidelity causes you to lose the custody battle. If the other spouse is granted full custody of your child, you’ll most likely have to pay child support. If that custody ruling was somehow related to your infidelity, you can blame the affair for your new child support payments. Divorces that end with 50-50 shared custody don’t typically have child support involvement.

Another example of when infidelity could affect child support is if you have wasted marital assets on your affair. If you have wasted, distributed, or destructed marital assets (money, property), the judge may order you to pay child support to make up for the lack of financial support from those assets.

Furthermore, if your infidelity has caused a negative affect on your relationship with either your spouse or child, the judge might rule against your favor in matters regarding custody and child support.

Each divorce case in Florida is different. Always consult your family lawyer to find out what you can expect for your specific situation.

Pros of a default divorce

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The default method allows some people to obtain a divorce without paying as much in attorney’s fees or court costs for appearing at hearing or trials. They also don’t have to provide any financial information regarding their income or assets. All of these things have to be disclosed in a regular divorce and can take a lot of extra time and stress. Some couples agree to a default divorce in advance to avoid having to deal with these things. They decide that one spouse will file and ask the court to issue specific orders and the other spouse will not respond. This also allows the couple to resolve all of their divorce issues outside of the courtroom.

Cons of a default divorce

Sometimes default divorces are used by attorneys to pull a fast one on an unknowing spouse. Other times, the defendant’s spouse does not completely understand what’s being requested in the divorce complaint or may fail to realize that they are completely giving up their rights by not responding.

How to pursue a default divorce

If you want to pursue a default divorce, many state court websites have links to court forms and step by step directions. If this isn’t the case, your local courthouse will have the proper divorce forms and self help centers.

Why you should have a prenuptial or postnuptial agreement

It encourages financial unity in a marriage

A prenuptial agreement brings each individual’s finances to the spotlight and it forces a couple to talk about any financial issues they may have just ignored. A prenup helps a couple not only consider what should happen if they get divorced, but what should happen during their marriage so that they always remain financially stable.

It provides reasonable terms for division of property

Deciding how assets should be divided shouldn’t be during a time of conflict. Creating a prenup allows you to decide this during a time when your emotions are in check and when you want the best for the both of you. This way if you do end up getting a divorce, you have more time to spend healing instead of fretting over the details.

It protects your children’s financial future

If you have children from a previous marriage, a prenup can ensure they get the inheritance they deserve if you were to pass away. Often times the stepparent ends up taking half of their inheritance in a divorce and a prenup ensures that doesn’t happen.

Speak to a divorce lawyer

If you would like to speak to a lawyer about creating a prenuptial or postnuptial agreement, contact us here.

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The man with dementia, who is worth more than $10 million, is caught in the middle between his children and wife. The man decided to divorce his wife, but the wife is fighting against the divorce, claiming the man is happy and doesn’t realize what he is doing. If the divorce is granted, the wife will walk away from the marriage with none of the man’s wealth, according to the prenuptial agreement, and the children will inherit the $10 million estate when the 87 year old unfortunately passes away.

The lawsuit involves whether the man would maintain control over his decisions, or be determined mentally incompetent. If declared mentally incompetent, the man cannot divorce for three years, according to Florida law. If not, he will maintain his right to divorce.

The man’s son states the father declared the wife makes him miserable and he wants out of the marriage. The wife accuses the son of seeking his father’s estate, with no honest concern about his father’s happiness. The case circles around accusations of pure greed from both sides.

The ultimate question in this case is whether a man with dementia is able to file for divorce. Those involved in the case wonder if the man is capable of such a decision when he seems, so far, to be manipulated by those around him. The wife has been living separately of the couple’s main home, as per the husband’s decision, but she resides in one of their other properties until an official decision is reached.

The ruling in this case may set some standards for other divorce cases where one party is mentally ill. How will the state draw the line on when a person can and cannot make their own decisions regarding divorce?

Source: https://www.wpxi.com/news/news/national/florida-man-dementia-files-for-divorce/nmNH9/

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In the state of Florida, there are many different types of alimony one can be awarded after the end of a marriage. These types of alimony are dependent on a variety of circumstances including financial statuses and the amount of time the marriage was upheld. Florida alimony types vary and are important to know if you are involved in a divorce case. Here’s a look at the different Florida alimony types.

Rehabilitative

This type of alimony is intended to help a spouse get on their feet by providing job training or education training. In order for rehabilitative alimony to be approved, the spouse receiving the alimony needs to have a plan for the rehabilitation, and the plan needs to be followed throughout the entire course of the alimony. If not, the spouse becomes at risk for modification or elimination.

Durational

Durational alimony is provided to help a spouse for a delegated amount of time. In cases where durational alimony is awarded, there is usually no need for assistance long term. Most of the time, modifications to durational alimony cannot be applied to the length of time. However, it is important to note that durational alimony is not provided for a longer period of time than the marriage itself.

Bridge-the-Gap

Bridge-the-gap alimony is provided for no more than two years, and is intended to help a spouse make the transition from married to single life. This type of alimony is not eligible for modification because it is a short-term alimony.

Permanent

Permanent alimony is provided when a spouse does not have what they need to support themselves and provide their own necessities of life. The length of time permanent alimony is awarded is based on the length of the marriage. This type of marriage is not usually awarded to short-term marriages unless their are unique circumstances.

Call DeVoe Law Firm today to discuss your alimony case and see if you’re eligible to receive alimony.

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Child custody cases can be tough and confusing for everyone involved. In order to help ease some of that confusion, here is some information on what needs to occur in order to relocate a child in or after a child custody case in Florida.

A New Set of Written Agreements

In order for one parent to relocate a child, a written agreement must be signed by both parents. In this written agreement, consent to the relocation must be expressed. A time-sharing schedule must be clearly laid out for anyone who has the legal right to access or time-sharing with the child. The agreement must also express transportation arrangements that align with the time-sharing schedule.

In conjunction with the written agreement, a petition from the relocating parent to the other parent must be served. In this signed petition, the address and telephone number, along with a description of the new residence, must be stated. The date of the move and the reasons for the move must be included in this signed petition, too.

The text of the agreement, the schedule, the transportation arrangements and the petition to the court need to be spelled out in detail, and in specific ways. You will need the assistance of a competent child custody lawyer here.

The Court Must Approve the Move!

Both the written agreement and the signed petition must be completed in order for a court to approve a relocation of a child who is under a time-sharing agreement. Take the time to make this petition correctly, and spare yourself untold complications down the road.

The DeVoe Law Firm is experienced in Divorce and Custody matters, having operated in Orlando and Kissimmee for years. If you need a lawyer to help relocate a child under time sharing, or if you need any other help in family law matters, contact us today.

Original article on About.com