Florida domestic violence injunction with minor children

Under Florida law, Domestic violence is any assault, battery, stalking, false imprisonment, or criminal offense that results in the physical injury or death of a member of the family or household. See Florida Law 784.046.   In cases where the two parties have children together, the accused can be prevented from communicating with the children even though there are no allegations of violence against the children if a Florida domestic violence injunction with minor children is issued. This is significant because it can help protect the children from domestic violence. On the other hand, innocent parents may be denied access to see and speak with their children if a Florida domestic violence injunction with minor children is put into effect by a court. If you are the victim of domestic violence or falsely accused you should contact an experienced family law attorney in Tampa for assistance.

Florida Domestic Violence Injunction with Minor Children

In a Florida domestic violence injunction with minor children cases, the judge must put the safety of the child and abused parent first, limiting the interactions between parties and requiring supervised visitation when necessary. Unreported domestic violence can also have a negative impact on future child custody cases as well. Failure to take action to protect a child from violence may have a negative impact in future divorce or child custody cases. See Florida Child Custody Law 61.13. Parents have a responsibility to protect their children; and Florida judges do not look favorably on parents who failed to report situations in which children were exposed to abuse and harmful influences.

False Florida Domestic Violence Injunction with Minor Children

Unfortunately, many people will file an untruthful Florida domestic violence injunction with minor children to try and prevent the other parent from having access to the children. If a false Florida domestic violence injunction with minor children has been filed against you contact a family law attorney for assistance. Too often, people falsely accused of domestic violence ignore the injunction. Failure by the accused to provide sufficient evidence in defense of the domestic violence claims will typically result in the injunction being granted. See Hickey v. Burlinson. An experienced lawyer can stand by your side in court and help provide the evidence necessary to convince the judge there is no merit to the allegations and that an injunction is unwarranted.

If you are a victim of domestic violence get help, don’t wait. An attorney can help with the legal process and navigating the court process but in many instances the police should be involved as well. If you are fearful for your safety contact the police, most often they are in a better position to help than a family law attorney can. Further, a Florida domestic violence injunction with minor children is more likely to be granted when police officers corroborate the claims of domestic violence.

Tampa Family Law Firm

Domestic violence is a serious matter and should not be taken lightly. Whether you are being falsely accused or need an attorney to help protect your safety Florida Law Advisers, can help. The domestic violence attorneys at our firm are passionate about these matters and have years of experience in these types of cases. To speak with a family law attorney at our firm call us at 800 990 7763, we are available to answer your call 24/7.

Florida prenuptial agreement

Entering into a marriage is a life changing event, one that each party hopes will last forever. However, divorce occurs more frequently that couples would like, with the American Psychological Association reporting that forty to fifty percent of first-time marriages end in divorce. Further, the divorce rate is even higher for second or subsequent marriages. See American Psychological Association. Regardless of the circumstances, a Florida prenuptial agreement can be very helpful to a couple. Premarital agreements, commonly known as pre-nups, are essentially a contract the couple signs before the marriage that determines the distribution of assets, debts, alimony and other issues in the event of a divorce.  For more information on a Florida prenuptial agreement contact a divorce lawyer in Tampa.

Florida Prenuptial Agreement

Based on recent changes in Florida divorce law, a Florida prenuptial agreement can cover a wide range of issues, including what, if any spousal support will be given, how debt will be divided, and how assets gained during marriage will be distributed in the event of divorce. Additionally, a Florida prenuptial agreement may include many complex requirements that are not part of a normal contract. For this reason, it is important to consult an experienced Tampa pre-nuptial agreement lawyer while creating and before signing a premarital agreement. Many divorce law firms will offer free initial consultations for these types of legal issues.

Florida Prenuptial Agreement Benefits

There are many benefits a couple can find from a Florida  prenuptial agreement. For instance, a Florida prenuptial agreement can allow the parties to determine the terms of a divorce rather than a judge and help avoid costly litigation. Though commonly thought to be important for only wealthy couples, prenuptial agreements can save litigation costs for any couple, as long as thoughtfully and fairly drafted at the onset.

It is important to note, there are some issues a Florida prenuptial agreement cannot determine, such as child custody rights.  Based on public policy and because child custody is determined based on the best interest of the children (not the parents) it is not a decision parents and/or spouses can make prior to an active child custody case.  To find out more about other issues not eligible for a Florida prenuptial agreement contact a prenuptial agreement attorney in your area.

A non-modifiable Florida Prenuptial Agreement

Generally speaking, a Florida prenuptial agreement is not modifiable, although there is a separate agreement known as a post-nuptial agreement (click here for more information on post-nuptial agreements).  Because a Florida prenuptial agreement cannot be modified, good prenuptial agreements will not only account for the assets at the time of marriage, but will consider the potential for future income and accumulation of assets as well, or the depletion of assets or income.

An example where this could be important is in a situation where one party had a high income job when the prenuptial agreement was signed and thus did not request alimony.  Then, during the marriage, that party became unable to work due to a disability. Though their financial situation has drastically changed, because the right to alimony was waived originally they cannot receive alimony at the time of divorce. See Florida pre-nuptial agreement law 61.079.  While this is the strict letter of the law, a Tampa divorce attorney can help you determine if this is what will happen in your situation.

Florida Equitable Distribution in a Divorce

When drafting or considering the enforcement of a Florida premarital agreement, it is important to remember that Florida utilizes equitable distribution in divorce proceedings should there not be a prenuptial agreement.  Simply put, this means that marital property (assets & debts acquired during the marriage) become property of both parties unless exceptions apply or a marital agreement changes the arrangement.  This is the standard that will likely be applied should the Florida prenuptial agreement be found void or otherwise unenforceable by the court.

Tampa Divorce Law Firm

The lawyers at Florida Law Advisers, P.A. are experienced at negotiating prenuptial agreements that protect our client’s rights and satisfy rigorous judicial scrutiny. If you are considering drafting or challenging a nuptial agreement and have questions, you are welcome to contact us to schedule a free consultation with a Tampa family law attorney at our firm.

how student loan debt is split in a divorce

When a couple files for divorce in Florida the court will require an “equitable distribution” of the martial assets and liabilities. See Florida divorce law 61.075. Clients are commonly confused by Florida’s divorce laws when inquiring how student loan debt is split in a divorce. Florida law does not require martial debt or assets to be in the name of both spouses. Therefore, in many divorce cases, student loan debt is considered a marital liability and subject to equitable distribution. Determining how student loan debt is split in a divorce  and which assets and debts are subject to equitable distribution can be a confusing process. For information on a specific asset, debt, or case contact a divorce attorney in Tampa for legal advice.

How Student Loan Debt is Split in a Divorce – Equitable Distribution

In Florida, when a couple files for divorce, the court strives for an equitable distribution of marital assets and liabilities, unless there is just cause for unequal distribution. Segall v. Segall. Thus, when a Florida judge determines how student loan debt is split in a divorce they decide the outcome based on Florida’s equitable distribution law.

When determining equitable distribution, the first step is to divide assets and liabilities into two categories – debts existing before the marriage, and those gained during the marriage. Debt existing before the marriage will likely remain the responsibility of the spouse the debt belonged to before the marriage began. Any debt acquired during the marriage is likely to be divided equally between the former spouses.

The analysis does not stop there, the court will also take into account whether or not there was any comingling of the assets and debts.  For more information on comingling assets and debts click here. Distinguishing which assets and debts would be considered marital property can be very complex, you should seek the advice of a divorce attorney.

Student Loan Debt as Marital Property in a Florida Divorce

Generally, student loan debt incurred during a marriage is considered a marital liability and is to be divided evenly between couple. See Adams v. Cook.  Increased education may also be considered an asset by the divorce court because if the couple had remained married it is assumed the non-student spouse would benefit from the student spouse’s increased education. However, future earnings as a result of the higher education will likely not be considered when dividing the debt or establishing alimony. See Hughes v. Hughes.

How Student Loan Debt is Split in a Divorce When There is a Prenuptial Agreement

Entering into a prenuptial or postnuptial agreement can help resolve student loan debt in the event of a divorce. The postnuptial or prenuptial agreement can clearly distinguish who is responsible for the debt and be legally binding on each party. For more information on a prenuptial or post nuptial agreement contact a divorce attorney in Tampa.

Tampa Divorce Law Firm

If you are contemplating filing for divorce and are concerned about keeping your fair share of the assets call us today to speak with divorce attorney in Tampa. Our divorce lawyers have years of experience helping people with their divorce and child custody disputes. Every divorce is different, and our vast experience allows us to cater our services to each client’s individual situation. Whether a couple mutually agrees to the terms of a divorce or are engaged in a fierce battle for their property and child custody rights, Florida Law Advisers, P.A. can help. We are a divorce law firm in Tampa available 24 hours a day, 7 days a week and offer a free initial consultation. Call us today at 800 990 7763 to speak with a divorce attorney in Tampa.

 

Domestic violence in Florida

Domestic violence in Florida should not go unreported. If experiencing domestic violence, it is important to first get yourself safe:  call 9-1-1, your local domestic-violence hotline, or Florida Domestic Violence Hotline at 1-800-500-1119.  Once you are safe, it is important to consult an experienced domestic violence attorney as soon as possible to protect yourself, your family members, and your assets protected. Conversely, if you are being falsely accused of domestic violence contact domestic violence attorney right away.

Domestic Violence in Florida

According to the Florida Coalition Against Domestic Violence, over 100,000 cases of domestic violence are reported yearly in Florida (counting calls to emergency hotlines). Many more incidents go unreported every year. Although the overall crime rate in Florida has been decreasing in recent years, the rates of domestic violence have remained the same. Under Florida law, domestic violence is any assault, battery, stalking, false imprisonment, or criminal offense that results in the physical injury or death of a member of the family or household. See Florida Law 784.046.

Injunctions in Florida Domestic Violence Cases

The importance of consulting a domestic violence attorney in domestic violence cases is crucial. There are many different charges and legal options to consider if experiencing domestic violence. See Florida Statute.  Injunctions or restraining orders may be your first step in a domestic violence case. These are requested through a family court, although there is a similar “no-contact order” that exists in criminal court. Seeking a restraining order or injunction can protect against assault, threats, harassment, stalking, and other unwanted forms of domestic violence. When seeking this kind of protection, it is important not to plead what is known as “naked allegations,” but instead, include elements of fact to ensure you reach the necessary burden for the judge to rule in your favor.  An experienced domestic violence attorney can help you do this.

Being Falsely Accused of Domestic Violence in Florida

Many accused claim the accusations are false and ignore the injunction. Failure by the accused to present evidence in defense of accusations will usually result in the injunction being granted. See Doyle v. Owens. However, if the accused does attend, which he or she has a right to do, the experience can be scary.  Having a domestic violence attorney by your side to communicate with the judge, express the facts and need for protection succulently without intimidation by the accuser can be extremely valuable.

Domestic violence is a serious matter and should not be taken lightly. Whether you are being falsely accused or need an attorney to help protect your safety Florida Law Advisers, can help. The domestic violence attorneys at our firm are passionate about these matters and have years of valuable experience. To speak with a Tampa family law attorney at our firm call us at 800 990 7763.

How to Protect Assets From Bankruptcy

If planning to file for bankruptcy or think bankruptcy may be an option in the future, it is important to speak with a bankruptcy as soon as possible to learn how to protect assets from Bankruptcy. There are many pitfalls people can find themselves in when filing for bankruptcy without first consulting with a Tampa bankruptcy lawyer. For instance, when preparing to file Chapter 7 or Chapter 13 bankruptcy there may be the temptation to transfer ownership of certain possessions to protect them. However, transfer of title won’t necessarily protect assets from the reach of the bankruptcy court and can result in devastating consequences. Therefore, it is highly recommended to consult with a Tampa bankruptcy lawyer for assistance with how to protect assets from bankruptcy before you file for Chapter 7 or Chapter 13 bankruptcy

How to Protect Assets From Bankruptcy Without Concealing Assets

Often, debtors will assume the answer for how to protect assets from bankruptcy is to hide their assets. Obviously, this is not recommended and is a violation of bankruptcy law. In fact, one of the most common forms of fraud associated with bankruptcy is the concealment of assets. This includes transferring title of property and other assets to third parties. See Bankruptcy Law 11 USC 548.

The amount of time a court can look back at transferred property, to consider such property for fraud during a bankruptcy case varies. This is one of the many reasons why it is important to consult with a bankruptcy attorney in Tampa if you believe bankruptcy may be in your future. The best method for how to protect assets from bankruptcy will vary from case-to-case. An experienced bankruptcy lawyer in Tampa can help you put together a plan to legally protect your assets from bankruptcy without the risk of engaging in fraud.

How to Protect Assets From Bankruptcy Without Fraudulent Transfers

Fraudulent transfers or conveyances take place when property or title is transferred to a third party with the intent to hinder, delay, or defraud present and future creditors. Moreover, under bankruptcy law, even innocent transfers without the intent to defraud creditors can have devastating consequences. Thus, for many, engaging in transfers of property is the the solution for how to protect assets from bankruptcy.

An example of fraudulent transfers can be found in Jackson v. Jackson  In the Jackson case, the bankruptcy court ruled that even though there was no intentional fraud, the fact that the debtor received no value for the transfer, and it left the debtor with little capital to continue his business the transfer was fraudulent under bankruptcy law. Other common examples of fraudulent transfers can include changing title on a car from one spouse’s name to the other spouse or to their children.

How to Protect Assets From Bankruptcy by Using Exemptions

By consulting with a bankruptcy attorney prior to filing, a debtor can learn how to protect assets in bankruptcy without having to engage in fraudulent transfers. Typically, the best solution for how to protect assets from bankruptcy is to take advantage of bankruptcy exemptions. There are many exemptions under Florida Law to protect assets during bankruptcy. These include homestead, vehicle, and personal property.  See Florida Homestead Law. For a complete list of assets that may be exempt contact a bankruptcy law firm in Tampa for advice on your specific case.

Bankruptcy Law Firm in Tampa

At Florida Law Advisers, we understand filing for bankruptcy can be a very confusing and intimidating process.  That is why we work so hard to make the process as easy as possible for our clients. When you hire Florida Law Advisers, P.A., you get an experienced Tampa bankruptcy attorney by your side every step of the way. We will help ensure your rights are protected, keep you well-informed, and help you receive the most benefits bankruptcy can offer. To schedule a free consultation with a bankruptcy attorney in Tampa call us today at 800 990 7763.