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Clearwater Legal Issues Blog

How do you divide high-priced items in divorce?

Going through a divorce is never easy. One of the most difficult parts of the entire process can be dividing high-priced items. This can include the home, your cars, artwork, collections and any other high-priced item that you might have acquired during the marriage. So, how do you divide these big-ticket items when getting divorced?

One of the first things you should do is create a list of the items that you want to keep after the divorce. This can be a car, a piece of artwork, certain pieces of furniture and much more. Look over the list and determine the items that are most important to you.

Smart ways to use your alimony payments

Receiving alimony payments from your former spouse can help you immensely as you try to get back on your feet as a single person. You need to make smart decisions with this money. It shouldn't be used to simply throw around and enjoy a good time in Florida. You need to be very smart with the payments so they last until you are able to find employment.

Pay the rent or the mortgage when you receive these payments from your former spouse. This is especially important if you haven't secured employment yet, or if you haven't been able to move to a new job with higher pay. You need a place to live and if you can't pay the rent or the mortgage, you will have quite the problem on your hands.

Potential signs that divorce could be in your future

Divorce is a word that no one wants to hear their spouse utter at any point in a marriage. It doesn't matter if you've been married one month, one year or 50 years; hearing your spouse say he or she wants a divorce is demoralizing. You immediately begin to think about what went wrong and how you could have done things differently. Here are some potential signs that divorce could be in your future.

A big sign that there are serious issues in your marriage centers around intimacy. There are two forms of intimacy and the disappearance of one or both can be a major factor in getting divorced. If you lose emotional or physical intimacy with your spouse, there is a big disconnect that could very well be too difficult to repair.

Yes, you will have to split your retirement in a Florida divorce

Whether you've been married for the majority of your life or only for a few years, divorce is never easy. It is very likely that you and your spouse do not agree about a fair way to split up your assets. Unless you have a prenuptial agreement on record or can work through mediation to find agreeable terms, the courts will likely end up deciding how to split your assets.

In Florida, the general standard for asset division is equitable distribution. The courts will look at the circumstances of your marriage, as well as other factors, and do their best to divide assets and debts acquired during your marriage in a manner that is fair and equitable to both parties.

How can I cope with emotional abuse in my marriage?

Emotional abuse is a serious issue that many couples deal with during their marriage or cohabitation. This kind of abuse can be caused by either person in the relationship, and it can be just as bad as physical abuse.

Emotional abuse is a form of domestic violence that can lead to serious consequences if not handled before it gets out of control. So, how can you cope with emotional abuse in your marriage?

Common child custody problems in Florida

It's never easy to share custody of your children with the other parent, even when the two of you get along. It's just a difficult situation, especially when you add the significant other of the other parent and if they have children too. Your network is expanding and it can become very difficult to handle different child custody issues that occur in Clearwater, Florida.

The most common issue is interference. Interference occurs when one of the parents interferes with how custody is to be handled. For example, the parent with the children currently decides not to bring them to the custody exchange location at the agreed upon time because they aren't done having fun yet. Even though this might seem harmless, it can be viewed by the other parent as interference.

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
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