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Broward County Divorce Law Blog

Handling child custody issues with education and representation

Your child custody agreement—it is a serious and often contentious part of divorcing with children. In truth, the issues surrounding a child custody decision inspire a range of emotions in parents from dread to fear to anger. While making custody decisions are unavoidable, there are ways to prepare yourself for the process. If both parents take such steps, either separately or together, it can greatly reduce much of the negativity divorcing parents often expect.

Education is a major tool divorcing parents can rely on. After all, if you know how child custody decisions are made, you will have a better chance to influence the final decision. Below you will find some of the most important factors Florida courts use to make a ruling in child custody hearings.

Grandparents' rights bill in Florida signed into law

A bill has been signed into law recently in Florida that will give grandparents the right to seek visitation from the court under certain circumstances.

Some of the circumstances include when a parent is missing, in a vegetative state, convicted of an offense of violence that suggests the child could be at risk of harm. The bills says that a preliminary hearing will be held and if the court finds by clear and convincing evidence that a parent is unfit or that there is significant harm to the child, then visitation can be granted. There are two other requirements and those are that the parent-child relationship will not be harmed by the visitation and that the visitation is in the best interest of the child.

Types of alimony awarded in Florida

Did you know that Florida law provides more than one type of alimony? Not many people do -- especially those who have never before gone through a divorce. Florida courts consider several factors before awarding any type of alimony. Those factors include:

-- Standard of living the couples has established-- Length of the marriage-- Physical and emotional condition of each spouse-- Each spouse's contribution to the marriage (income, homemaking, career building, etc.)-- Child rearing responsibilities after the divorce

Will moving my child out-of-state violate my custody order?

After a custody order has been approved by the court, will moving out-of-state violate that order? The answer to this relies on several factors including which type of custody agreement you hold and whether the other parent approves of the relocation. As such, the best way to provide an answer is to talk about some of the issues surrounding child custody and relocation in the state of Florida.

According to Florida law, relocating a child means moving a distance of more than 50 miles. Even if you plan to remain in Florida, you will still be relocating if you exceed the 50-mile rule. If this is the case, you will have to complete several tasks in order to remain in compliance with your custody agreement. Below you will find some of these steps.

High net worth divorce? How lawyers help you protect your assets

In a high asset divorce, both parties have much to lose without the proper guidance. Managing complex issues like property division, spousal support and investment or retirement accounts in a divorce is not for the faint of heart. Divorces that involve large amounts of valuable assets typically require the use of well-honed legal techniques in conjunction with superior fact-finding skills. This ensures you will come through your divorce with your rights and your money intact.

These skills and more are what an attorney experienced in high net worth divorces can offer those facing the end of a marriage. Below are some of the techniques a lawyer can use on your behalf in a divorce.

We're not rich; Do we need a prenuptial agreement?

Florida attorneys hear this question more often than ever during client consultations. Celebrity news stories usually have a thing or two to say about prenups, which piques the interest of non-celebrities and people without a great deal of wealth. These people, who are just like you and your intended, all wonder the same thing -- do they really need to sign a prenup before marriage?

The world in which we live has changed a lot even since your own parents were newlyweds. Couple considering a divorce have to factor in a lot more than mere assets or real estate. Online social media accounts and often overlooked digital assets are among the newest technologies couples have that might complicate an otherwise simple divorce.

Understanding Florida marital property law

Many Florida residents who have never experienced divorce know very little about the state's marital property laws. In an imminent divorce situation, this lack of knowledge can be a detriment, meaning those who have made the decision to split will want to learn about marital property division early on. A saving grace in many cases is that a divorce attorney can fill in any missing blanks to enhance a divorcing couple's growing knowledge about marital property law.

Below are a few basic legal points to consider before you seek more in-depth knowledge from a lawyer, beginning with the court's initial assumption that the distribution of property should be equal between both parties.

To seek alimony or not: A personal choice

Spousal support has remained a hot topic during the first five months of 2015 and everyone seems to have a valid opinion. While alimony is often a big issue when divorce is imminent, some dependent spouses in Florida may choose to forego spousal support. As with all aspects of ending a marriage, the question of whether or not to accept alimony is personal choice but here are two sides of the issue for those who have not yet made a decision.

Reasons to accept alimony:

Census numbers show grandparents with parental responsibility

Florida residents may be interested in some statistics about the prevalence of grandparents with parental responsibility in the state. Government statistics reveal some interesting facts regarding demographics, as well.

In the state of Florida, 2010 census data revealed that grandparents or other relatives were the head of household for 12 percent of children under the age of 18. In all, this included 476,474 minor children, of which just over 350,000 were with their grandparents. Of these, grandparents had parental responsibility for 161,689 children, with nearly 60,000 of these children living solely with their grandparents. The total number of Florida grandparents responsible for their grandchildren was approximately 150,000. In Jacksonville, this amounted to just over 7,500 grandparents. Miami had just over 3,000 grandparents with parental responsibility, according to the census.

Conversations about prenuptial agreements awkward but advisable

The media reports regularly on celebrity marriages and divorces and the use of prenuptial agreements to determine the division of assets. However, any Florida couple considering marriage may want to deal with the sensitive issue of a prenuptial agreement before the wedding in order to minimize possible disputes in the event of divorce or separation.

Statistics indicate that many individuals believe that prenuptial agreements are important for other people but not necessary for themselves. It is often difficult to even raise the subject of a prenuptial agreement during the romance and excitement of wedding planning. But a prenuptial agreement is one of the primary asset protection tools available to protect both spouses if the relationship fails.