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Republican legislators have been trying to reform Florida’s alimony law for nearly a decade. If parties are married 17 years or more in Florida, it’s considered a long term marriage with a presumption for permanent alimony. Permanent can be an awfully long time. A person who was divorced after a 17 year marriage could conceivably pay his or her spouse alimony for next 40 years. That’s not an unheard of scenario.
By Paul E Rice, Jr. - Board Certified Divorce Attorney
When the Department decides to remove children from their parent’s care, it has one of two options; it can chose to provide the parent(s) with a case plan, or not. A proposed reunification case plan, is a list of tasks/services, that the Department wants the parent(s) to complete before they are reunified with their children. If the Department chooses to not offer a reunification case plan, it is likely seeking to initiate termination of parental rights proceedings. If that is the case, you need to discuss your options with an attorney who is familiar with Dependency Law as soon as possible.
By Rice Law
A “Prospective Parent” is a person who claims to be, or has been identified as, a person who may be a mother or a father of a child. A prospective parent, by definition, has not yet been legally recognized as the child’s parent. The distinction between a prospective parent and a legally recognized parent is crucial. While it is certainly possible to have a prospective mother, most of the uncertainty usually lies with the identity of the child’s father. As you will see below, the biological father of the child, is not always recognized as the legal father of the child. When the paternity of the child is uncertain, it is crucial to correct these issues right away, for the sake of the child and the family in general.
By Rice Law
Dependency cases can involve several different people. Each one has a title and each one has a specific role to play in the case. However they do not all enjoy the same rights and privileges. Whether you are classified as a “party,” a “participant,” or neither, will indicate whether you have a right to file motions, to visit the child(ren), or to even speak during a hearing.
By Rice Law
It may come as no surprise that the coronavirus crisis has caused a surge in divorce cases the world over. Statistics in the U.S., Great Britain, China and Sweden confirm that increased pressures at home has led to the spike . Tensions created by the quarantine, including decisions about the children’s educational settings, finances, methods of coping with anxiety and attitudes about handling medical treatments, as well as increased domestic turmoil around the division of labor are at least some of the contributing factors.
By Elizabeth King
An equitable divorce is possible. Use this guidance to learn how you can protect yourself, your property, and your loved ones. Divorce is a subject that many people aren’t comfortable freely discussing. There are so many ideas and emotions surrounding the topic that even beginning a conversation can create a stressful and overwhelming situation. Still, it’s important to know the details of your divorce, including how to divide marital assets. Gleaning this knowledge could have a lasting, positive impact on you and your loved ones. Read on to learn more, and how you can partner with a dynamic divorce attorney in Daytona Beach who can help you navigate through this difficult time.
By Philip J. Bonamo, Esq. - Florida Board Certified Criminal Trial Law Attorney
Many co-parents are familiar with the questions raised by the summertime—like where your child will spend their break from school, who will care for them while you or your co-parent is at work, and many more. Now, COVID-19 is bringing even more questions to the table—but fortunately, your trusted Daytona Beach divorce lawyers are here to help you approach every obstacle ahead with the confidence and clarity you deserve.
By Philip J. Bonamo, Esq. - Florida Board Certified Criminal Trial Law Attorney
It is not uncommon for me to come across clients who claim that family members wrongfully received property from a loved one prior to their passing. This “gift” often contravenes provisions founds within a decedent’s Last Will and Testament. An example would be a son finding his way onto mom’s bank account despite mom’s Will leaving everything to daughter. Does brother have a right to keep the claimed gift?
By Matthew Shapiro, Daytona Beach Attorney
Our courts may be closed to foot traffic for the time being, but the health crisis has forced us to handle cases in new ways. Normal divorce practice involves the use of electronic filing for pleadings and email exchange of documents between the parties and their attorneys.
By Elizabeth King
During a consultation, prospective clients often ask if there are any advantages to being the first one to file for divorce. Many people worry that filing first will lead the judge to believe that the filing spouse is the one “destroying” the marriage. On the other hand, some people think that filing first will give them an upper hand by putting them in control of the divorce. Neither of these notions is true. The judge does not place any weight on the first to file issue because there are many reasons leading to the breakup of a marriage. The laws of Florida are applied equally to both parties, regardless of who initiated the proceedings.
By Paul E. Rice III