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Clearwater Legal Issues Blog

Selling the marital home in a Florida divorce

It can be very difficult to admit that your marriage is no more, even if you've been having problems for years. The divorce process can be long, arduous and stressful if you and your spouse cannot come to terms on your own. This can lead to making an appearance in front of a judge. The judge will wind up making a decision for you as to how your assets will be divided. One very important topic is selling the marital home during a Florida divorce.

For some, remaining in the marital home is an option after getting divorced. The spouse who remains isn't that upset about the divorce and likely can afford to stay there. This usually occurs when the mortgage has already been paid off, when taxes are not too high and if the utility bills are not overwhelming.

How will the Florida courts split up your assets in a divorce?

Considering a divorce can bring up a lot of questions, even if you know that it's probably the right decision for your family. Divorce is an uncertain time, when it's hard to predict what the future will bring. After all, every divorce is unique. The outcome will reflect a number of unique elements about your family, including the number of family members/children, the length of the marriage and the amount of assets you've acquired.

If you don't have a prenuptial agreement on record and you also can't reach amicable terms for an uncontested divorce with your ex, it's hard to know what to expect. The more assets you have, the more uncertainty there can be. Don't listen to the horror stories you read online, and don't assume that what happened to your friend will also happen to you. Take a moment to educate yourself about how Florida courts handle the asset division process. It will help you understand what will likely occur in your own divorce.

Man living in Florida ordered to pay millions in support

A woman from Indiana has been awarded some $2 million in back child support when it was discovered that her presumed-dead husband was alive and living in Florida. The woman's husband mysteriously disappeared back in 1993 from their home in Hamilton County, Indiana.

He left the home without his wallet and driver's license. It was years before the wife declared her husband dead with the county. She and her two boys assumed he was deceased since they hadn't heard a word from him since his disappearance.

How is the amount of alimony determined?

Alimony can be a very touchy subject for couples that are divorcing. One spouse might want more than the other is willing to pay. It could also be a point of contention, sending the divorce proceedings to a judge. If you are planning to get divorced in Clearwater, Florida, you need to know as much as possible about the topic of alimony. For starters, how is the amount of alimony determined?

When the amount of alimony is decided by a court, there is quite a bit of discretion by the court. The court can determine the amount, the length of time for payments and whether or not alimony will even be paid. Some of the factors the court will take into consideration include the following:

  • The time needed for the alimony recipient to take classes or a training course in order to acquire employment
  • The length of the marriage
  • The financial condition, age, physical state and emotional state of both spouses
  • The standard of living for the couple during the marriage.
  • The ability of the spouse making the payments to not only support him or herself but also the ability to make the payments

The warning signs of domestic violence

Domestic violence is a problem that affects millions of people each year across the country. The abuse can be physical and emotional. It can be scarring. It can leave the victim severely injured. It can even lead to death. Domestic violence is taken seriously by law enforcement officials all across Florida. Here are the warning signs you should look for in your relationship if you believe domestic violence is present.

One of the most common signs of domestic violence is when your spouse or significant other prevents you from seeing friends or family members. This is a controlling issue that the person has to the point where he or she doesn't want you to interact with others.

Benefits of a neutral site for child custody exchanges

Child custody exchanges are difficult situations for all involved, especially the children. Even if your children understand what is happening, they might still suffer emotional stress each time the custody exchange occurs. This very well could be due to the behavior of you and the other parent. One way to prevent issues from cropping up during custody exchanges in Clearwater, Florida, is to pick neutral locations.

The biggest benefit of a neutral site for custody exchanges is that it will bring your child comfort, especially if the exchange happens at his or her school. Schools are a very common place for custody exchanges. The child will know his or her surroundings, will be able to play on the playground and can even run around with friends while you and the other parent talk.

Ever wondered what child support can pay for?

Every divorce is going to be a little bit different. Some couples have no children, and so a lot of their time and energy in the divorce will be spent arguing over assets and property. Some couples had different roles and responsibilities during the marriage, and so alimony could play a factor in their divorce. And some couples have children and though custody may or may not be a serious issue that is argued during the divorce, it is also possible that child support will impact their post-divorce lives.

When child support is awarded, it is important for the receiving spouse to realize that there is a myth about these payments: that they can only be used for specific purposes. This couldn't be further from the truth. Child support payments can cover a wide range of costs in your post-divorce life.

How can you protect your business from divorce?

You have spent substantial time and resources developing your business. It may be one of your most significant assets. Unfortunately, you and your spouse are divorcing and you are rightly concerned about your business’s future. Divorce can quickly weaken a business’s integrity, perhaps destroying the company altogether.

However, you may be able to protect your business from dissolution and uphold its integrity. Do you know how to guard your company from the ill-effects of a divorce?

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