Florida’s Stalking Laws

Article provided by: statelaws.findlaw.com

        What is stalking? Stalking is characterized as a pattern of malicious and willful behavior that occurs over a period of time — and more than once. While we often associate stalking with someone lurking in the bushes outside someone’s house, stalking can also refer to various other forms of harassment, such as: repeatedly calling someone’s home or place of business, vandalizing personal property, or even leaving someone unwanted written notes or gifts.
           
         Florida’s stalking law defines the crime as repeated harassment that creates a credible threat of harm. The crime is often charged against estranged partners and spouses. In Florida, victims of stalking also have a civil remedy available to them in the form of restraining orders (also called “orders of protection”). A restraining order is an official document issued by the court that essentially “orders” (requires) the stalker to refrain from contacting or otherwise pursuing the victim.

How is Alimony Determined in Florida?

Article provided by: divorcenet.com, “Alimony in Florida: Introduction to alimony and the basics in Florida.”

The purpose of alimony is to provide financial assistance to the economically weaker spouse. In order to be entitled to alimony, there has to be a legal marriage, as Florida does not recognize common law marriage; there has to be a need for assistance on the part of the requesting spouse; and the other spouse has to have an ability to pay the alimony. This is typically referred to as “need and ability to pay.”

Unlike child support, there is no mathematical formula to calculate alimony. The amount and type of alimony is determined by your individual situation, is fact sensitive, and often depends on the judge hearing your case – one judge’s order may drastically differ from another judge’s order.

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Walk Down the Aisle Worry Free

Article provided by: divorcesource.com

A prenuptial agreement, antenuptial agreement, or premarital agreement, (commonly abbreviated to prenup) is a contract entered into prior to marriage, civil union or any other agreement prior to the main agreement of partners intending to marry. The content of a prenuptial agreement varies, but commonly includes provisions for division of property and spousal support in the event of divorce.

  • Without a prenuptial agreement upon separation by death or divorce, the court separates all of the marital property evenly. A prenup can be used in order to avoid a court deciding marital property attained during the marriage.
  • The prenuptial agreement protects one spouse from the other’s debts. Without a prenup, creditors can go after the marital property even though only one spouse is the debtor. To avoid this, spouses limit debt liability in a prenuptial agreement.
  • The prenuptial agreement protects children from previous relationships, and keeps family property in the family. A family heirloom, family business, even a future inheritance, or other piece of property can be kept within a birth family in a well-crafted prenup.

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Child Custody and Relocation Laws in Florida

Article written by: Aaron Thomas
After parents divorce, one parent may want to move to another location. But what are the rules for moving when a child is involved? What Constitutes a Relocation?

 

Florida law defines a relocation as a parent moving 50 miles or more from the current residence, for at least 60 days. A relocation is not a temporary change for the purposes of vacation, education, or providing the child with medical care. In Florida, parents may come to an agreement regarding a relocation by signing a written agreement that spells out the terms of the move and new custody arrangements.

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Are Parents Sabotaging Their Children’s Future Relationships?

Written by: Bill Flangin – www.huffingtonpost.com

If you are trying to make your child happy, rather than teaching them to be happy, then you are raising a child whose happiness depends on somebody else. Let that sink in. Your job as a parent is to raise a child that, as an adult, doesn’t need you anymore. If that’s the case, who is going to make your son or daughter happy when they are adults? When you’re not around anymore, or not around as much anyway, who will make your child happy? Will that job fall to their spouse someday? That’s a tough job to fill. And it’s setting them up for failure.

The best way to raise a happy kid is to be happy yourself. Model a type of meaningful happiness that isn’t dependent on a quick-fix. Wherever your happiness journey takes you and your family, be mindful of how you teach your children about happiness. Your children are watching and learning all about happiness from you.

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Time-Sharing in a Parenting Plan: Easter Sunday v. Easter Weekend

Be sure to double check your Parenting Plan or Mediated Settlement Agreement before signing on the dotted line. You may consider the Easter holiday to be the entire weekend, however, be sure the Parenting Plan states that Friday, Saturday and Sunday are included for the Easter holiday. If your Parenting Plan only lists Easter as your day for time-sharing, you may only be entitled to spend Easter Sunday with your child. It is very important in Family Law for the Parenting Plan to be as clear and specific as possible to avoid any future issues or confusion with time-Sharing.

Pensions, Divorce and the Military Retirement System

Article provided by: divorcesource.com

The Military Retirement System provides benefits to members of the uniformed forces. When a Retired Pay Court Order is drafted, monthly benefits will commence to the Alternate Payee when the Member retires, and will continue for the lifetime of the Member. If the Alternate Payee is entitled to a Survivor Benefit Plan Annuity (SBP), such monthly annuity shall commence upon the Member’s death, and continue for the lifetime of the Alternate Payee.

Some Key Facts to Remember:
To draft an order to effectuate a division of a benefit for purposes of equitable distribution, the parties must have been married for 10 years while the member was in active duty. If they have not been married for 10 years of active duty service, the order must be structured to effectuate support payments.

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Divorcees don’t need to afford lifestyle they were accustomed to in marriage

Article written by: Lydia Willgress

Divorcees do not need to be able to afford the lifestyle they were accustomed to in marriage, a Court of Appeal judge has suggested as he rejected an ex-wife’s bid to increase her settlement.

Katriona MacFarlane claimed that she had not been awarded enough to buy a home similar to the £1million country cottage she shared with Dr James MacFarlane, 74. The 58-year-old also claimed she was owed compensation for “abandoning” her teaching career to be “looked after” by the millionaire. But a Court of Appeal Judge on Monday rejected her claims and said the previous living standards of a couple were only a guide when it came to how much an ex-wife or husband deserves.

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Learn More on Adjusting to Divorce

Article provided by: divorcesource.com
Written by: Dr. Percy Rickets, LMHC, NCC

Divorce, can be a very traumatic experience for many adults. Still, it is the children who usually suffer the most when families break up. In the state of Florida, as is the case in many other areas, divorcing parents with minor children and those who are involved in paternity actions are required to complete special parenting classes before their legal actions can be finalized.

Additionally, children of divorce ages 6-17 years are required to complete special groups like the Sandcastles program in some areas. Parents and children consistently attest to the beneficial nature of these programs in helping them adjust to the life-altering process of divorce.

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Debunking 3 Divorce Myths

Article provided by: divorcesource.com

Unless I have “custody”, I will only see my child on the weekend
Regardless of whether there is a primary residence for children, the parties, except under extraordinary circumstances, enjoy shared parental responsibility of their children. This means that both share equally not only in decisions affecting their children, but in their childrens’ lives.

Scorched Earth a/k/a I want everything
This happens in many cases where a spouse feels severely wronged by the actions of the other and thinks that he/she will receive the house, children, etc., while the other spouse will be awarded nothing.. This is not the case as Florida is a no fault divorce state.

The wife always keeps the house
If the home is the only significant asset, allowing one spouse to keep it is an unlikely outcome. Also, in situations where it is not financially possible for either spouse to maintain the home, the judge will likely order the home to be sold.

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