Naples Family Law Blog

What are the signs that divorce is the only answer?

No one ever said that the decision to separate from your spouse would be an easy one. In fact, even the victims of abuse often have a hard time making the difficult choice to end their marriages.

If you are considering divorce seriously, then it means there's definitely a problem with your marriage. Is that problem severe enough to warrant ending it? Perhaps asking yourself the following questions will help you reach a decision.

Complications in LGBT divorces with children

Once the Supreme Court ruled that same sex-marriage was a right, regardless of what state a couple lives in, many couples quickly eloped. Others finally executed plans they had spent years hoping to see through. Getting married was like a dream come true to these couples, who had long faced denial of equal rights under questionable state laws.

However, with the rise in same-sex marriage came the eventual need for same-sex divorce. While some couples face a relatively straightforward process, same-sex couples with minor children may have quite an uphill battle, especially if they can't agree on terms for a parenting plan that includes both parents. Knowing the potential issues and complications can help you understand your chances of securing shared custody or visitation.

Getting divorced? Time to update these critical documents

You and your spouse are in your 50s. The kids have moved out of the house; one even moved out of the state. You own your home outright, so there's no mortgage. You paid off all of your other debt, from student loans to car loans.

All in all, you feel like it's going to be an easy divorce. You don't have to worry about what to do with the house, child custody or child support -- three of the biggest questions most people face when splitting up.

Issues facing those seeking to relocate children in Florida

Those wishing to move dependent children to Florida might face some obstacles from the state's legal regulations on child custody. This is often true even when the individuals in question are related to the child. Understanding the rules might help prepare would-be custodians for the process ahead. 

Many Florida custody laws are written with the intent to provide a healthy and stable atmosphere for children, a goal which may be subverted by constant moves. As such, the court places several safeguards against excessive or frivolous changes in primary residence. Formalized relocations are also set in place to preserve the visitation and custody agreements set forth by the court after divorces. The Florida Statutes provide that either all parties may agree to the relocation, or a petition may be entered with an option for the opposing parties to formally contest. 

Wives of business owners need to be careful during divorce

During a divorce, each party has to look after his or her own interests. For women who have always relied on their spouse to handle financial matters, going through the divorce can be scary. Add in a business that's supported the family, and the situation becomes even more complicated, which can be very uncomfortable.

While every woman who is going through a divorce needs to be aware of the state of the marital finances, this need is increased when there is a business in the picture. There are several reasons why women must know what is going on, but the predominant one is so that the man can't get away with hiding money.

Wives of business owners need to be careful during divorce

During a divorce, each party has to look after his or her own interests. For women who have always relied on their spouse to handle financial matters, going through the divorce can be scary. Add in a business that's supported the family, and the situation becomes even more complicated, which can be very uncomfortable.

While every woman who is going through a divorce needs to be aware of the state of the marital finances, this need is increased when there is a business in the picture. There are several reasons why women must know what is going on, but the predominant one is so that the man can't get away with hiding money.

What steps can you take to prevent international child abduction?

If you had a child with a foreigner and the relationship between the two of you has become acrimonious, you may have concerns that your child’s other parent may attempt to abduct your son or daughter and flee to his or her home country. At the Law Offices of Beverly L. Brennan, P.A., we have counseled many clients who fear their former partners may attempt to abduct their shared children, and we have a firm understanding of the steps you can take to minimize the chances of such an occurrence.

Per the U.S. Department of State’s Bureau of Consular Affairs, one of the most important things you can do as a parent who suspects the other parent may attempt an abduction is to act quickly. Arguably one of the most effective steps you can take to help prevent international child abduction involves securing a court order. The details of such court orders will likely vary from one situation to the next, but you may be able to secure one that prohibits your child from securing a passport, traveling by airplane or what have you.

A parenting agreement can help you put your kids first

You don't want your divorce to drag on forever, especially if you have children to tend to. Instead, you want to work things out with your former spouse as quickly and fairly as possible, all with the idea of moving forward with your life.

There are many ways to feel better about the future, including the creation of a parenting agreement. With one of these in place, you'll find it much easier to understand your role as a parent and what you can do to ensure that your children always come first.

3 things to do when facing the DCF

Having your children taken away from you is devastating. No parent wants to go through that, especially when nothing was wrong with your relationship with your children. Unfortunately, accusations and misunderstandings can end up leading to the Department of Children and Families (DCF) stepping in and taking your children away.

If you find yourself at the center of an investigation, you need to do everything in your power to protect yourself. Your first thought should be to call your attorney, because this is not a situation you should handle on your own. To win a case against the DCF, you need to do at least these three things.

Should a divorcing couple sell their home for equity?

Florida couples can possess a lot of equity in their home, which makes personal property so important when it comes time to divide assets in a divorce case. Some couples may decide to simply sell the home outright to gain the equity and split it. However, this is not always a workable option for a number of reasons. 

A piece run in the Huffington Post lays out a few options divorcing couples can explore in dividing their home’s equity. Instead of selling the house, one of the spouses can take sole ownership of the property. The Huffington Post article recommends refinancing as the best way for an ex-spouse to become the sole owner, since it pays the outstanding mortgage debt and replaces it with a brand new loan, frees financial capital to buy out the ex-spouse’s equity share, and takes off the ex-spouse’s name from the mortgage.

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Beverly L . Brennan Attorney & Counsellor At Law - Naples Florida

Beverly L. Brennan, P.A.
3033 Riviera Drive - Suite 202
Naples, FL 34103

Toll Free: 877-482-5176
Phone: 239-963-8895
Fax: 239-434-0114
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