How When a couple with children get divorced and they have a time-sharing agreement or order from a Florida family law court court determining child custody proper steps must be taken before relocating with the child. Under Florida child custody law, a change in location means that the party is requesting to relocate with the children at least 50 miles away from their current residence. See Florida child custody law 61.13001. If both parents agree to the relocation it will make the process a lot easier.
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A divorce is known as a dissolution of marriage in Florida and a dissolution of marriage is granted when something went wrong in a valid marriage and the couple has developed irreconcilable differences. See Florida divorce law 61.052. An annulment, however, is granted if a judge determines that there was never a valid marriage in the first place. For a marriage to be invalid it must be either void or voidable. A void marriage is one that should never have been permitted to form under the existing law. An example of a void marriage is one based on bigamy, with one or both spouses already married to another when attempting to marry each other.
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Have you filed bankruptcy in the past and find yourself in a situation where you need to file again? You can usually do so, but Bankruptcy law provides various waiting periods for someone who has filed bankruptcy in the past, depending on which chapter that individual previously filed. For more information on Chapter 7 or Chapter 13 eligibility contact a bankruptcy attorney in your area. Many bankruptcy law firms in Tampa will offer a free initial consultation.
If you previously filed Chapter 7 (or Chapter 11/12) and now want to file Chapter 13, you must wait 4 years from the date you received your Chapter 7 discharge before you can file Chapter 13. See Bankruptcy law 11 U.S.C. § 1328. If you previously filed Chapter 13 and now want to file another Chapter 13 case, you must wait 2 years from the date you received your Chapter 13 discharge before you can file Chapter 13 again.
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Your creditors in a Chapter 13 do not get paid more than they would if you were to file Chapter 7. This is a common misconception amongst people deciding which bankruptcy to file. Chapter 13 is truly for the benefit of the debtor to be able to keep his or her assets instead of having them liquidated like they would in a Chapter 7. This bankruptcy is for those who can afford to keep their secured debt and continue to make their payments in full and on time. For more information on Chapter 7 bankruptcy click here.
The Chapter 13 repayment plan can last anywhere from three-to-five years. The Bankruptcy Code provides that if your income is less than the state average income, then you will be in a three-year repayment plan; however,
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Your child support payments may have been established based on a case with the Department of Revenue or as a part of a Final Judgement in a Dissolution of Marriage (Divorce) Action or Paternity Action. Regardless of the avenue which established your responsibility to pay child support, the amount you currently pay is based on a mathematical formula based on both parties’ (usually the mother’s and father’s) income as well as the time-sharing arrangement for the child or children. Child support cannot be waived by either party and deviations from these guidelines are difficult, but it can be done where the Judge sees just cause (another way of saying, “a good reason,”) for doing so based on all relevant factors. See Florida child support case Finley v. Scott.
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When a man and a women are married in the State of Florida, our law recognizes that children born during that marriage are the product of the wife who had the child and her legal husband. Florida family law creates what is known as a presumption that the husband of the mother is the father of the children born during the marriage. See child custody case O’Bryan v. Doe. Basically. The presumption means that without evidence to the contrary, the judge and law will assume the husband is the child’s father. If you are unsure who may be the father of the child contact a child custody lawyer for assistance.
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When a couple gets divorced in Florida who will keep the pets is often an emotional issue as people develop attachments to their pets. Under Florida law, the court will not allow for any time-sharing orders to be granted by the court. If the couple wants to share the custody of the pet that is something that they will need to work out on their own. A Florida family law court cannot order the couple to share custody of a pet as if the pets were children. See Florida divorce case Bennett v. Bennett.
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Are you underwater on your mortgage and need to let go of your home? Are you considering filing chapter 7 bankruptcy in order to do so? Most debtors who file chapter 7 choose to surrender their home because they can no longer afford to keep up with their mortgage payments or were not able to refinance their home. Bankruptcy law requires that each chapter 7 debtor file a “Statement of Intention,” which requires you to retain, reaffirm, or surrender your home. See bankruptcy law 11 U.S.C. § 521(a)(2)(A). If you choose to surrender, you can escape personal liability on your mortgage. Now you may be wondering, what does surrender mean? When would I have to move out of my home if I choose to surrender? That has been an issue for bankruptcy courts in Florida for over a decade because “surrender” is not defined anywhere in the Bankruptcy Code. However, the issue was recently decided on here in the Eleventh Circuit Court of Appeals (which controls Florida bankruptcy courts). It is important to note, each situation is different and you should consult with a bankruptcy attorney if you have questions about a specific case.
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When a debtor (borrower) files for Chapter 7 or Chapter 13 bankruptcy they will be required to attend a meeting with of creditors included in the bankruptcy. The meeting of creditors is commonly referred to as the 341 meeting because the meeting is required under section 341 of the bankruptcy code. Most often, often creditors will not show up at the 341 Meeting. However, as the Debtor, attendance at this Meeting is mandatory and your case can be dismissed should you not attend. See In Re Lewis. The meeting can often create anxiety for debtors, however; the meeting is usually a very straightforward process lasting only about 5 minutes.
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The cycle of violence concerning domestic abuse generally has four periods. Each period in the cycle of abuse is different for every couple. There is no way to determine exactly what will happen in every situation of abuse. Each abuser and victim handles the abuse differently. What happens in the cycles may differ depending on who is publishing the cycle and what research was done to determine what happens in each period in the cycle. An example of a cycle of violence can be found here. If you are the victim of domestic violence you should get yourself to safety and contact the authorities. Afterwards, you should consider contacting a Florida family law attorney for additional assistance.
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