Law Office of Daniel E. Forrest, P.A.

Can an adulterer obtain alimony?

It was not only hurtful but also insulting when you found out that your spouse was cheating on you. You knew that you wanted to get a divorce immediately, because you could never forgive him or her for doing so.

It's not hard to imagine the shock you received when you found out that he or she was seeking alimony. Yes, you were the higher earner in your relationship, but you can't imagine paying alimony to someone who was taking advantage of you throughout your marriage.

How does visitation and custody work for divorced couples?

When you have custody of your child or have retained visitation rights, there are certain rules that you and the other parent have to follow. If you try to withhold child support to get more time with your child or attempt to prevent your child from seeing his or her other parent, those acts could jeopardize your custody rights.

When you have physical custody of your children and your ex has visitation, you have to do your best to meet the visitation requirements. Yes, sometimes things come up that make visitation that particular day impossible. For example, if your child falls ill, you may not want to move him or her to another location. It's still up to you to find a way to make up the lost parenting time, however.

Prenuptial agreements: Should you bring them up to your partner?

It's an age-old question: Should you talk to your soon-to-be spouse about a prenuptial agreement? Does talking to your soon-to-be spouse about a prenuptial agreement make it seem like you don't trust him or her?

The truth is that a prenuptial agreement has benefits for both sides. If you have a business, it's a way to protect your interests. If your spouse has debts, it's a way for him or her to keep those debts in his or her name, so you don't end up with a share of them if you divorce. It means you keep your debts to yourself as well.

Working with experts stops problems during a high-asset divorce

A high-dollar divorce has the potential to be devastating to your bank account and could affect your financial stability in the future. Divorces can be costly, and if you make errors during a settlement or case, you could end up being the one who hurts the most.

How can you avoid costly mistakes during your divorce? The best answer is to hire a valuation expert. This person can look at what you own and tell you exactly how much it's worth. Hiring a professional who you and your spouse agree on can work, or choose two and average their findings.

The way you buy a home affects your future divorce

When you're first married, you're in love. You're in love with the idea of marriage, your spouse, your new life together and all the joys that come with it. During that time, many people purchase their first homes together and start a family.

In the future, the decisions made during that time will have an influence if you decide to get a divorce. It's particularly important to understand what you're doing when you buy a home, since the actions you take now could influence the way your property is distributed later.

Can men get alimony if they're stay-at-home spouses?

As a man in an unusual situation, it's important that you understand alimony. You may have been a stay-at-home father, or perhaps you put your career on hold for your spouse. Whatever the reasons were, if you're not where you wanted to be in your career, alimony is one way that your spouse can make up for that.

Generally, spouses get approximately a year of maintenance for every two years of marriage, according to divorce attorneys in New York City. That may not be the case everywhere, though. Alimony is decided on a case-by-case basis.

What are some of Florida's specific custody laws?

Florida has several specific laws regarding child custody and visitation rights. It is one of the few states to recognize grandparent rights and to encourage shared custody between parents in an equal manner.

Since Florida's courts don't have many specific guidelines for custody or alimony, it's always a good idea to work with a professional. Knowing your situation well helps you prepare for what the courts may decide.

Preparing for divorce: What you should keep in mind about alimony

When you're going to be paid or going to pay alimony, there are records you should keep. Preparing for what you need now can help you avoid trouble later. These records are important for your own recordkeeping as well as for the courts and your taxes. Alimony is tax deductible for the person paying and needs to be reported by the person receiving it so that he or she can pay taxes on the sum.

If you don't have the right documents, you could lose the right to claim tax deductions if you pay alimony. If you don't report the right amount of alimony, you could be fined. Here are a few things that you should keep as a person paying or receiving alimony.

DIY divorces are possible but tricky when it comes to retirement

Splitting your retirement accounts during divorce is something you might have to do, but it's not something you want to do yourself. This is a complicated task, and it's best left to professionals.

Even if you want to have a low-cost divorce, it's a good idea to have an accountant or attorney talk to you about dividing retirement accounts. There are tax implications and other legal issues that have to be addressed. For instance, if you don't get the right kind of legal agreement before splitting a retirement account, you could end up with penalties from withdrawing money or tax bills from taking it out at the wrong time.

What can or can't be in a prenuptial agreement?

If you decide to have a prenuptial agreement drawn up before you get married, you need to understand what can and cannot be included. There are certain things you can't include in a prenuptial agreement, because including those items could hurt you or your to-be spouse in the future. These items may be time sensitive, for instance, so the courts would want to have you make a decision when the time comes, not beforehand.

One thing that you can include in a prenuptial agreement is a list of all the things you and your fiance own separately. You can also include your debts and indicate that in the event of a divorce, those debts remain with the original debtor without becoming a marital debt.

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