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Sarasota Family Law Blog

Getting a simplified divorce is possible, with caveats

Getting a divorce in Florida might seem like it's the same as any other state, but the reality is that every state treats divorce differently. Florida sees divorces as having no faults. That means that neither party is responsible. Florida names divorce a "dissolution of marriage," and you only have to say that your marriage is irretrievably broken to get a divorce.

Essentially, to get a divorce in Florida, you and your spouse just have to say you can't reconcile your differences any longer. You'll have to have been in the state of Florida for at least six months prior to filing for a divorce. If your spouse has been in the state for six months but you have not, then your spouse will be able to file for divorce based on residency requirements.

What do you do if your child's harmed with the other parent?

You always thought that your ex-spouse was a good parent, and you never expected to see your child get hurt by them. However, your relationship was toxic, and you knew you couldn't stay married. Despite that, you've worked hard to make sure your child has their other parent in their life.

Lately, however, your child has been reluctant to see their other parent. When you finally get them to talk about it, you were told that the other parent hit your child. You noticed bruises, but you'd written them off as childhood clumsiness. Now, you're livid and ready to do all you can to protect them.

How can you adopt in Florida?

If you are eager to adopt, then you will want to know more about how adoption works in Florida. There are several different adoption agencies that include private and state agencies. Depending on the route you take toward adoption, you may wait months or years for placement.

If you are looking for the fastest way to adopt, consider fostering a child who may be open to adoption in the future. Typically, this is the fastest way to have a child placed into your home while awaiting a release for adoption. If time is not of the essence or if you have the money to go through a private agency, you have many more options regarding where the child comes from and the age you seek. You may opt to work with a birth parent to adopt after the mother gives birth or opt to adopt internationally. Fostering is the cheapest road to adoption, but it does make it more difficult to adopt a baby, which is the goal of some couples.

How to locate hidden assets in divorce

Divorces would go so much more smoothly if both parties would be honest and upfront. However, it is incredibly common for spouses to hide assets in an attempt to retain more once the court proceedings have finished. 

If you suspect your spouse has hidden anything, from cash to stock options, it is vital to try to find it. You deserve the peace of mind that your ex has not tried to keep anything away from you. 

Take the emotion out of divorce for better financial decisions

With a divorce, emotions are high and the stakes can be even higher. Depending on the situation, the couple may have many things to divide or only a few expensive assets. Regardless of the kind of divorce this is, it's always important that the client receives the best possible settlement.

If you are leaving your spouse for any reason, then it's a good idea to get a complete idea about what kinds of assets you have before you even bring up the idea of a divorce. You know that once you bring up divorce as a possibility, it could mean the end of trust between you and your spouse. That could potentially be a signal to your spouse to change passwords or move assets, neither of which you want to happen before you identify those items.

Domestic partnership or marriage: Choosing the right relationship

If you are not married, then one type of relationship you should understand is called a domestic partnership. Domestic partnerships are similar to marriage and may apply to unmarried couples as well as those who are in same-sex relationships.

In the past, most domestic partnerships were made up of people in same-sex relationships, but that is not the case today. Today, people can opt for a marriage instead, regardless of their gender and the gender of the person that they wish to marry.

Good parenting plans put your children first

Child custody isn't always easy to determine when you are two parents both equally interested in having physical custody of your children. Even if both of you are on relatively good terms, there is a risk that the child custody and parenting plans you need to come up with could threaten the balance during your divorce.

As a parent who wants to do what is best for your children, it is vital that you sit down and talk with your spouse about the outcome you would both like to see. The courts want to know that you both have the best interest of your children at heart, and if you don't appear to be thinking of your children, the court will take action to change any kind of agreement you come up with.

Divorce leads to investigation against husband in forgery case

Here's an interesting story about how a couple's divorce may affect Floridians. Thousands of people in Florida recognize the yearly holiday traditions that take place at the Hyatt Family Christmas. It takes place in Plantation every year in South Florida.

The tradition, which included 200,000 lights, Santa's workshop, a Ferris wheel and other spectacles, is coming to an end because of a couple's divorce feud. According to the news, the divorce has actually led to an investigation into the husband, a sitting councilman in Plantation.

4 important factors in child custody cases

Florida's courts have a large amount of discretion when it comes to custody cases in Florida, which can be good or bad depending on the circumstances. There are many factors to consider in every case, including things like making sure the parents are of good moral standing and mentally healthy.

While there are dozens of factors a court may consider, there are some that you should know about now. Think them through, because they could come up when you're having a custody hearing in the future.

How should you handle your family business when you divorce?

If you and your spouse own a Florida business and are contemplating divorce, this business likely represents your biggest marital asset. Therefore, determining what to do with it undoubtedly is one of your major concerns.

Basically, you have the following three options

  1. Sell the business and divide the proceeds
  2. One of you buy out the other’s ownership interest
  3. Continue to own and operate the business jointly

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