Common Mistakes During a Divorce (and How to Avoid Them!)
February 6, 2023
A separation is a stressful and complicated process, and usually brings out intense emotions between the parties involved. Because of this, it is common for people to make some mistakes during a divorce. Below, we will discuss some of the most common ones and how to avoid them...
Categories: Divorce
Dividing Marital Assets and Debts in a Divorce: What Factors Matter the Most?
November 7, 2021
A divorce is not as simple as signing a piece of paper. It involves many legal processes, such as the division of assets and debts, among others. The laws in Florida are quite strict in this regard, which can make it even more complicated to understand the processes for a couple already going through a difficult marital situation...
Categories: Divorce
What is a prenuptial agreement, and why should you get one?
September 23, 2021
A prenuptial agreement is a written contract between two people who are about to be married. This contract is usually a list of properties owned by each person and details the rights to each of the properties once the marriage ends. The purpose of a prenuptial agreement is to clarify how...
Categories: General Family Law Issues
Are LLCs ‘divorce-proof´? How is an LLC treated in a divorce?
September 16, 2021
A divorce case can quickly become complicated if the parties have a shared business. When a couple co-owns a business, they may face more complex decisions (with a higher financial impact) during the separation process. If you and/or your spouse own a business or part of it, it is likely to be classified as a Limited Liability Company (LLC)...
Categories: Divorce
Family and divorce lawyers: your friends in court
August 30, 2021
A divorce can be an exhausting process that involves a lot of work. Not only is it important to know about the laws of the state of Florida, but you also have to do research, fill out documents, be aware of deadlines, etc. One person can't do all the work. This is where divorce lawyers come in...
Categories: Divorce
Effects of divorce on children: when divorce benefits the family
August 24, 2021
A divorce does not necessarily have to be negative. Many children recover quickly from the stress of a divorce, depending on their age and their previous emotional experiences. But conflict, on the other hand, can leave deep scars in their life. When children are exposed to chronic conflict ...
Categories: Divorce
Avoid Costly Litigation with Pre-Suit Mediation
February 27, 2020
When two parties are so greatly at odds that it requires legal intervention, a nasty lawsuit isn’t the only option. Litigation can often be avoided by using an alternative process known as pre-suit mediation, which can resolve the parties’ differences in an informal manner...
Categories: General Family Law Issues
How to Talk to Your Kids About Divorce
May 28, 2019
Many unhappy couples try to keep their relationship together for the sake of their children. However, staying in an unhappy marriage may actually cause more harm because it may inevitably result in an unhealthy household for parents and their children. There is research to support the idea...
Categories: Divorce
How to Qualify for Rehabilitative Alimony
May 1, 2019
If a married couple decides to file for divorce, one party may be eligible to receive alimony or “spousal support.” Alimony is defined as financial assistance provided by one spouse to another during divorce proceedings and after the divorce is final. In Florida, there are...
Categories: Alimony
How to Request Temporary Child Support?
April 12, 2019
One of the most litigious issues a divorcing couple deals with is determining a fair and sufficient amount of child support that a spouse will have to pay. The court establishes child support based upon its examination of the testimony, income, and financial evidence of both spouses...
Categories: Child Support
What Child Support Payments Can Be Paid Toward?
March 17, 2019
Child support was created to make the lives of children of divorced or separated parents as comfortable as possible. By court order, the noncustodial parent must make monthly payments based on their income that will help maintain the child’s accustomed standard of living. Because custodial...
Categories: Child Support
Can You Get Alimony if You’re Not Yet Divorced?
March 16 2019
When a marriage can no longer be saved, some couples opt for separation instead of divorce. A separation is often the preferred option for couples either looking to take a break in order to repair their marriage, whose religious convictions oppose the dissolution of marriage...
Categories: Alimony
How Social Media Can Lead to Divorce
March 1, 2019
Social media has opened a doorway to our past by making it easier to reconnect with old friends and acquaintances. However, there are a few ways increased social media use can lead to marital problems, infidelity, and divorce. In general, spending a great deal of time on social media causes...
Categories: Divorce
Navigating a High-Asset Divorce
February 5, 2019
All divorces come with their own set of challenges, but for couples that are significantly wealthy and own many assets, the divorce process can be even more complex. Since most wealthy clients often have multiple businesses, real estate, investments, vehicles, fine art, equity, etc. , a thorough identification...
Categories: Divorce ; High Assets Divorce
Am I entitled to alimony?
January 3, 2019
Florida’s alimony statute is found at § 61.08, F.S. Either party in a marriage may be entitled to some form of alimony. Florida courts have long recognized three types of alimony: Bridge-the-Gap (transitional short-term alimony which cannot exceed two years and cannot be...
Categories: Alimony
10 Questions You Should Ask your Divorce Attorney
November 11, 2018
Before meeting a family law attorney to discuss your divorce case, it’s helpful to compile a list of questions to ask him or her during your initial consultation.
Though it’s no secret divorce cases can be incredibly complex, the experienced divorce attorneys at The Roberts Family Law...
Categories: Divorce ; Alimony ; Child Support
What to Do When Your Child Refuses Visitation
October 26, 2018
As a parent, it’s tough to watch your child go through feelings of sadness, frustration, confusion, and loneliness after you and your spouse get divorced. Older children that are aware of the situation often blame one of their parents for the breakup, and because of that, begin doing everything...
Categories: General Family Law Issues
How to Prepare for a Child Support Court Appearance
October 11, 2018
Whether you need to decrease your child support payments because of a job loss or are requesting the other parent pay more child support, you may be wondering about the process. The request for a child support modification could be a result of many different circumstances including income...
Categories: Child Support
What Are Temporary Orders in a Divorce Case?
November 1, 2018
It can take months or even years to settle a divorce. Yet during that time, many couples that can’t come to an agreement on their own may still need help navigating different financial and parenting time matters. Temporary orders allow both parties to handle issues such as spousal support payments...
Categories: Divorce
4 Professionals You Can Consult With During Your Florida Divorce Proceedings
August 14, 2018
Those who separate from their partners and begin their journey to divorce know that it can be a difficult process. While many family members and friends give you information based on what they know or have experienced, they may not be able ...
Categories: Divorce ; Alimony ; Child Support
9 Ways to Help Make Joint Child Custody Work
July 31, 2018
Between juggling schedules, dividing holidays, and taking the kids back and forth to each parent's house, sharing child custody can be difficult. However, parents who are cooperative, respectful, and who can manage their emotions and agree on shared custody terms, are more successful in helping...
Categories: Child Custody
How Long Does a Divorce Take in Florida?
July 22, 2018
Once you or your spouse decide to file the paperwork, you may be feeling overwhelmed as you realize your divorce is becoming real. Relief, excitement, anxiousness, loss, and confusion are just some of the emotions you may be feeling as you start imagining how your life will be post-divorce. While most...
Categories: Divorce
Reentering the Workforce After Divorce
July 15, 2018
When a couple makes the decision to get divorced, one spouse often must consider how to reenter the workforce after being at home. Whether you left the job market, never entered it, or have only done part-time or volunteer work during the marriage, your partner has had the ability to strengthen their job or...
Categories: Divorce
Role of a Guardian Ad Litem for Custody Disputes
July 7, 2018
When parents go through a divorce, it’s not uncommon for both parties to be so involved in their own issues that they neglect to put the needs of their children first. They are often too concerned with battling one another to consider what is best for their kids. The Court, however, must ensure that a child’s...
Categories: Child Custody
What You Can’t Include in Your Prenuptial Agreement
July 3, 2018
A prenuptial agreement (prenup) is a legally binding contract established by two people before they marry. While it can accommodate most of the things that a couple would like to incorporate, there are some strict regulations as to what cannot be included in a prenup...
Categories: General Family Law Issues
Handling the Challenges of Being a Blended Family
June 20, 2018
Over the years, many families have gone from the typical biologically bonded mother, father, and child to a variety of other family configurations. While new families are supposed to "blend" together, the transition can be challenging for everyone, causing many parents...
Categories: General Family Law Issues
Visitation Do’s and Don’ts
June 15, 2018
Visitation, also known as “time-sharing” in Florida, plays a vital role in a child’s ability to maintain a relationship with both parents during and after a divorce. For visitations to work successfully, both parents need to make sure the child is comfortable in their separate homes...
Categories: General Family Law Issues
Penalties for Failing to Pay Child Support in Florida
June 5, 2018
The Florida child support program was designed to help children get the financial support they need from one or both parents. Unfortunately, many parents refuse to pay their court-ordered child support, which can result in severe consequences, including jail time. If child support has been ordered...
Categories: Child Support
How to Create an Effective Parenting Plan
May 16, 2018
Having a parenting plan in place allows you to lay out terms regarding how your children will be cared for by both parents after the divorce. The time-sharing arrangement should consider the best interest of the child and will include items such as where the children will live, how time-sharing will work...
Categories: Parenting Plans
6 Tips on How to Help Your Child Adjust to Their New School After Divorce
May 14, 2018
Starting a new school can be both stressful and scary for children, especially starting in the middle of the school year. No one wants to be the new student who’s being whispered about in class. Unfortunately, many children of divorced families...
Categories: Divorce
How to Help a Child Feel Comfortable in Two Homes
April 10, 2018
While separation and divorce are hard for everyone involved, both are especially hard on children, particularly younger ones who may have no idea as to why they now have to live in two separate homes. Going back and forth between households requires kids to learn a whole new routine...
Categories: Divorce
What is the Difference between a Final and Non-Final Order?
March 28, 2018
While there are specific types of non-final orders that can be reviewed under Florida Rule of Appellate Procedure 9.130, that category of orders is restricted, and in most cases, an order must be final before a person can seek appellate review. Therefore, before undertaking an appeal...
Categories: General Family Law Issues
Parental Rights of Same-Sex Partners
February 22, 2018
Over the years, same-sex couples have fought for equal rights when it comes to marriage and starting a family. It is now much more common to see same-sex couples begin family units that involve children, either from a previous heterosexual relationship or children born during...
Categories: Child Support ; General Family Law Issues
When Do You Need to File a Petition for Modification of Child Support?
February 13, 2018
You may file a petition to modify child support if you are court ordered to pay or receive child support and want to ask the court to modify the amount you are currently paying or receiving. If you currently have a court order in place that...
Categories: Child Support
10 Child Support Myths in Florida
January 26, 2018
Child support disputes can often cause parents to turn on each other and, at the same time, motivate them to involve their children as a form of revenge. When it comes to how child support payments are awarded, there is a lot of misconception and confusion. By familiarizing yourself with proper...
Categories: Child Support
5 Tips for Surviving Your First Year of Marriage
January 14, 2018
If you’ve been with your partner a long time and have shared a home together, you may think getting married won’t change anything aside from getting a piece of paper that shows you’re official. However, things do change - and these changes can bring obstacles that may cause you to file for divorce...
Categories: General Family Law Issues
How to Establish Paternity in Florida
December 5, 2017
When you establish paternity, you are identifying the legal father of a child. If a couple is unmarried at the time of a child’s birth, paternity must be established voluntarily or through a court order. A couple can sign a “Voluntary Acknowledgment of Paternity” form acknowledging the alleged father signing...
Categories: General Family Law Issues
How to Protect Your Rights to Alimony
November 13, 2017
For many couples, divorce does not necessarily mean the end of the relationship. There are a lot of complex factors involved such as children, property, and finances that need to be addressed even after the marriage is over. One of the most complicated and continuous factors...
Categories: Alimony
How to Prepare for a Time-Sharing/Parental Responsibility Evaluation
November 7, 2017
Good parents and bad, may from time to time be evaluated by third parties at the request of the Court, or within the context of family law litigation. Preparing for a time-sharing evaluation is important and should be given your careful attention...
Categories: Divorce
What is The Right of First Refusal?
October 31, 2017
Many couples who go through divorce find themselves in a situation where one parent may plan to leave the children in childcare while the other parent is available. This provision, often referred to as ‘the right of first refusal,' will differ depending on the parenting plan devised during the divorce ...
Categories: Divorce
Is Dating During a Divorce Risky?
October 25, 2017
It can be tempting to begin dating once you and your spouse have decided to
divorce
. After all, it’s always comforting to have a third party there to support you through this challenging time. Although you and your partner may have already separated, the court still recognizes you as a couple...
Categories: Divorce
Why is Aggressive Representation Vital to Family Law Matters?
September 27, 2017
Whether you’re faced with an impending divorce, fighting for more time-sharing with your children, or any other family law matter, you want aggressive representation to help protect you. With so much at risk inside the courtroom, you want to hire a law firm that will fight aggressively for your best interests...
Categories: General Family Law Issues
Does the Age You Get Married Impact Divorce Rates?
September 17, 2017
There are many factors in a marriage that can cause divorce. The truth is, the causes for American divorces, like relationships, are complicated. Even though the divorce rate has dropped, in large part due to the Millennial Generation, there are numerous reasons why married couples don’t make it until death...
Categories: Divorce
Past, Present and Future of Dynamic Breastfeeding Moms Seeking Justice: Where are we now?
August 2, 2017
Certainly, the accommodations for breastfeeding women in the past were neither adequate nor fair. But women across the state have worked tirelessly to make changes by forming committees, discussing the issue with judges, and getting the word out...
Categories: General Family Law Issues
Do I Need an Attorney for My Divorce?
June 9, 2017
Many couples debate whether they need a divorce attorney when mediation is required by the courts. The attorneys at the Roberts Family Law Firm recommend, at minimum, consulting with an attorney about your options and what is best for your case no matter how well you and your ex-spouse...
Categories: Divorce
Do I Have to Pay Child Support if I Have No Income?
April 26, 2017
It depends on the specific facts of your case and the Judge. As a rule of thumb, you should always first speak to your attorney before unilaterally deciding against paying child support, even if you don't think you can afford it. Here are a few tips to remember when whether you must make your child support...
Categories: Child Support
What to Look for to Establish a Supportive Relationship in Florida
April 25, 2017
You are looking to modify alimony, reduce alimony, or decrease the amount of child support you pay to your spouse or former spouse. How do you go about minimizing the money that comes out of your wallet during one of the most financially...
Categories: Child Support ; Alimony
Why Divorce is Healthier for Your Family than an Unhappy Marriage
February 19, 2017
Do you feel stuck? Have you thought about divorce, but worry it may be the wrong decision? This situation is a constant struggle that many married couples go through. They worry about the consequences of divorce, what others will think...
Categories: Divorce
What Happens to Pets in a Divorce?
January 4, 2017
Divorces can be taxing, especially when it comes time to deal with splitting up common property and assets amongst divorcing spouses. But one thing often overlooked until the end of divorce cases, is who gets the pet? Anyone who has a dog, cat, or other animal knows their furry friend is part of...
Categories: Divorce
How a Divorce can Impact Retirement
December 12, 2016
A divorce can happen at any time in a person’s life. Whether you’re three years or 30 years into the marriage, separation isn’t an impossibility. However, the older you are during a divorce, the more you need to pay attention to what state your retirement fund is in. Divorce can have a huge impact on...
Categories: Divorce
Alimony Awards for Spouses in Need of Support
November 1, 2016
Alimony (also known as spousal support) is the support granted from one ex-spouse to another either during or after a divorce, to financially support children, living costs, and other expenses. Settling alimony can be a daunting and drawn-out process, and you want to ensure ...
Categories: Alimony
Top 5 Things to know about High-Asset Divorces
October 1, 2016
Divorces can be painful and highly stressful, especially when the stakes are higher due to the value of assets between the couple. If you find yourself going through a high-asset divorce, here are a few things you should keep in mind during the process:
(a) Choose your battles. (b) Don't Lie. (c) Be wary of social...
Categories: Divorce ; High Assets Divorce
Child Custody and Relocation: What to Consider
September 28, 2016
Dealing with the custody of a child after a divorce is a struggle for everyone involved. Ultimately, you want both parties to be satisfied with the decisions made, while trying to maintain the most normal lifestyle for the child. However, when changing residence becomes a factor, you must keep in mind...
Categories: Divorce ; Child Custody
Missing Spouses and Divorce
July 15, 2016
From time to time we are approached by clients who wish to file for divorce but do not know how to reach their spouse in order to serve divorce papers. This can be problematic where parties own property or have children together. Should you find yourself in this position, it is imperative that you seek legal advice...
Categories: Divorce
Alimony And Social Security Retirement Benefits
July 3, 2016
Much like the Internal Revenue Service,
the Social Security Administration has a process for garnishing an individual’s social security retirement benefits where unpaid support has been reduced to a judgment
. Section 459 of the Social Security Act (42 U.S.C. 659)...
Categories: Alimony
Death of a Party Post Divorce - What to do about Alimony and Child Support
March 30, 2016
Alimony is generally defined as financial assistance provided by one spouse to another, during and after a divorce. In Florida, either a husband or a wife may be eligible to receive alimony – also known as “spousal support” or “maintenance.” Whether you are entitled to temporary or permanent alimony or support will depend upon the individual circumstances of your marriage. An award of alimony...
Categories: Alimony
Child Support and Income Withholding For Support Orders: What you can do when your ex is always late with child support payments?
February 8, 2016
Documenting the child support you receive from the other party is very important –even if the support is being paid through the State’s Disbursement Unit. Although keeping track of all of your child support payments is the last thing you might want to do in a divorce, you must be diligent in your own record keeping. No longer can parties rely on third-parties to do this...
Categories: Child Support
Child Support, Alimony and Taxes in Florida
January 15, 2016
Child support is not taxable in Florida as income—alimony on the other hand may have some tax benefits. The individual paying alimony in Florida may receive tax benefits for paying this alimony; however the recipient does not and must report this money ...
Categories: Child Support ; Alimony
Dogs, Cats, and Automobiles...
November 21, 2015
We don't usually think of them as property, as caring for pets is very much like caring for our children. It is commonplace for our clients to ask about their pets and for them to be concerned about their well-being while a divorce is pending. Unfortunately pets can often be used in a divorce as a bargaining chip...
Categories: Divorce
What You Should Know about Divorce and Bankruptcy
November 11, 2015
Reportedly half of all marriages in the United States end in divorce and the state of Florida has one of the highest divorce rates in the nation. Unfortunately financial problems are one of the leading causes of divorce and as a result we sadly see divorce and bankruptcy going hand in hand...
Categories: Divorce
Easter, Spring Break, and Parenting Plans
March 26, 2015
When parties are getting divorced in Florida, they will come across a Florida Supreme Court Approved Family Law Form by the name of a “Parenting Plan”. This “plan” gives parties a starting point to map out their desired time-sharing with their children either temporarily during the divorce...
Categories: Parenting Plans
Mediation Can Be Dangerous Unless You Do Your Homework
March 5, 2015
There are countless articles online and in the legal community describing the Mediation process as “informal”. This oftentimes invites a false sense of security for parties who might otherwise prepare for the Mediation process, but are under the false impression that Mediation is nothing to worry about...
Categories: General Family Law Issues
Dads- Even the Playing Field by Filing for Paternity
February 23, 2015
You’ve heard the stories before, and most likely you know a few folks who just don’t like the idea of committing to Marriage. Informal relationships are the new norm—and approximately 40% of all births in the United States involve unwed parents. What many people might not know however is that in Florida...
Categories: General Family Law Issues
Best Interest of the Child Standard and Co-Parenting
February 17, 2015
When a Court determines the time-sharing schedule for the parties and their children, judges in Florida base their decisions on what is commonly referred to as “the best interests of the child” standard. All of those factors can be found in Florida Statute Chapter 61. While a judge will look at each case...
Categories: Child Custody ; Parenting Plans
Five Tips for A Productive Client/Attorney Relationship
January 29, 2015
(a) Don’t keep your attorney’s number on speed dial. While you might be tempted to speak with your attorney about any and all issues concerning your pending divorce, you will most likely get a bill from them that may not agree with your pocketbook Instead, keep a list of important topics to tell your attorney...
Categories: General Family Law Issues
Passports for Children during a Divorce
January 19, 2015
It is not uncommon to hear that parents oftentimes use the children as weapons in a divorce. One party threatens the other party that they will take the children and disappear—unless you give them what they want in the divorce. Others don’t voice the threat initially, but then disappear without warning...
Categories: Divorce
Parenting Classes, Counseling, and Divorce
January 5, 2015
Clients often ask us for guidance in dealing with the day to day issues of a divorce. What most people don’t realize is that for some, being a party to a divorce is like having a second job. The pressure, stress, and time constraints placed on you on a day to day basis can be overwhelming. Keeping our clients mentally...
Categories: Divorce ; Parenting Plans
The Holidays and Divorce
December 18, 2014
Whether you are in the thick of a pending divorce now, or are nearing the end of one, the holidays can be some of the most difficult times of your life. Perhaps even more so if you have children and you are not scheduled to see them during the festivities. While you will never have the life you once...
Categories: Divorce
Tax Exemptions and Divorce
December 15, 2014
After all of the time-sharing schedules have been hammered out and the holiday schedules painstakingly set in stone, the issue of the child tax exemptions comes to the forefront of the settlement discussions in a divorce. Tax exemptions add up to a lot of money–and for some, might make or break your...
Categories: Divorce
Setting Aside a Marital Settlement Agreement
December 3, 2014
We are sometimes asked whether a marital settlement agreement and the final judgment incorporating that agreement, may be set aside. This issue may arise for a variety of reasons, including the secreting of marital assets during divorce , the omission of assets from the parties’ financial affidavits...
Categories: Divorce
Long-Term Marriages and the Dreaded "A"
December 1, 2014
Child support is not taxable in Florida as income—alimony on the other hand may have some tax benefits. The individual paying alimony in Florida may receive tax benefits for paying this alimony; however the recipient does not and must report this money ...
Categories: Alimony
Preparing for Divorce
November 5, 2014
They say the key to success is preparation—and in making your decision to file for Divorce is no different. Before drawing your “line in the sand”, you will need to get your documents in order. Make copies of tax returns, bank statements, mortgage documents, credit card statements, car titles...
Categories: Divorce
Interesting New Child Support Modification Ruling
November 3, 2014
There was a recent decision by an Orange County Circuit Court judge regarding modifications of child support. The circumstances involved a Father who sought modification of his child support obligation to his Former Wife for a child who was over 18 years of age. Florida Statue 61.30 reads, in part...
Categories: Child Support
Life Insurance Policies to Protect Child Support
October 24, 2014
Generally, the trial court has discretion to order the party paying child support to maintain a life insurance policy to the extent insurance is necessary to ensure that child support will be paid in the event of the death of a former spouse. Although life insurance is typically relatively inexpensive, the Court...
Categories: Child Support
What to Do When Marital Assets or Debits are Left Out of Your Final Judgement of Dissolution of Marriage
August 11, 2014
When marital assets or debts are mistakenly omitted from your Final Judgment of Dissolution of Marriage, this oversight can significantly affect your share of equitable distribution and even your child support or alimony awards. Occasionally, despite...
Categories: Divorce ; Alimony ; Child Support
DCF’s Policy Of “Family Preservation” Has Resulted In Deaths Of 477 Florida Children…
August 1, 2014
The Tampa Bay Times reports that a decision ten (10) years ago by the Florida Department of Children & Families to adopt a policy of “Family Preservation” has resulted in a significant rise in the deaths of children under DCF “protection;” particularly children under the age of five (5)...
Categories: General Family Law Issues
Facebook is Ruining Marriages AND Divorces…
July 22, 2014
We are finding that electronic communication devices and social networking sites are playing an increasingly greater role in family law cases today. Social media sites such as “Facebook,” emails, text messages, videos and photos are now routinely being introduced as evidence in divorce and child...
Categories: Divorce
Social Networking Sites & Your Divorce Case: The Legal Implications of Today’s Social Media!
January 11, 2013
If the Casey Anthony case has taught us nothing else, it has brought home the old adage that a picture is worth 1000 words. Those photographs, messages and videos you routinely post to Facebook and MySpace, your blogs, private email...
Categories: Divorce
Inside the Minds: Strategies for Family Law in Florida - Strategies for Coping with the Recent Changes to Florida’s Alimony, Time-Sharing, and Child Support Laws
July 5, 2011
In my practice I represent clients in all types of alimony and child support cases. Three statutory changes that I believe have had the most significant impact on both my clients and on...
Categories: Alimony ; General Family Law Issues ; Child Support
Changes to Florida Family Law - Alimony
July 4, 2011
The Florida Legislature’s extensive revision of Chapter 61 has included important changes to Florida’s divorce and family law statutes, particularly in the area of alimony. Florida’s alimony statute is found at § 61.08, F.S. Where Florida courts have previously recognized three categories of alimony: Bridge-the-Gap, Rehabilitative, and Permanent...
Categories: Alimony