Author Archives: WellsLaw

Approaching Social Media Before, During and After Divorce

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Provided by: insights.itsovereasy.com

Social media has become irrevocably tied to modern lifestyle, and most people currently considering or dealing with divorce have at least one active social network account. While there’s nothing wrong with remaining active on Facebook, Twitter, Instagram or other platforms during and following your divorce, if you’re hoping for an easy divorce process, take time to consider a few things related to your online profiles.

Click the link below for tips on approaching social media Before, During and After Divorce.

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Learn Tax Tips for Divorces

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If you’re going through a divorce, taxes may be the last thing on your mind. So, here are some tips for you on which filing status to choose after the divorce, who can claim the exemptions for the kids, and how payments to an ex-spouse are treated for tax purposes.

Couples who are splitting up but not yet divorced before the end of the year have the option of filing a joint return. The alternative is to file as married filing separately. It’s the year when your divorce decree becomes final that you lose the joint return option. In other words, your marital status as of December 31 of each year controls your filing status for that entire year.

Click the link below for more information on Exemptions for Dependents, Medical Expenses, Payments to an Ex-Spouse, Asset Transfers, etc.

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Florida’s Stalking Laws

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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?

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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

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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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Financial Advice for Divorce: It’s a Business Deal, So Keep Emotions Out of it

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Article provided by: miamiherald.com
Written by: Julie Landry Laviolette

“You always think when you’re newlyweds that the first few years are the peak of the divorce years, and that after 20 years everything is fine and dandy,” but many divorces happen to longtime couples, said Vielka Burey-Jacas, a certified financial planner and certified divorce financial analyst in Kendall.

In the heat of a breakup, divorcing couples tend to make financial mistakes that will haunt them for years. But money advisors say keeping a cool head can lead not only to a peaceful dissolution, but more money in your pocket. “The torrents of rage or injustice you feel towards your ex will do nothing for your bottom line. The first thing you need to do is remove your emotions,” Burey-Jacas said.

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Child Custody and Relocation Laws in Florida

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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?

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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

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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

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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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