DIVORCE & RELATED ISSUES
Whether you are contemplating divorce or your spouse just served you with divorce papers, you need answers to those questions running through your head.
THE MOST IMPORTANT THING YOU CAN DO RIGHT NOW IS TO EDUCATE YOURSELF AS TO WHAT IS LIKELY TO HAPPEN TO YOU, YOUR CHILDREN AND YOUR ASSETS DURING A DIVORCE.
Only then can you begin to make appropriate decisions about what to do.
LEARNING ABOUT DIVORCE DOES NOT INVOLVE LISTENING TO YOUR FRIENDS, OR TO YOUR CO-WORKERS, OR TO YOUR FAMILY, OR EVEN TO YOUR ACCOUNTANT.
And while surfing the web can provide some general information, everyone's case is different. The results in any divorce case depends on how the law applies to the specific facts involved in that case. What happened in your friend's case may not be what will happen in yours.
IT IS ONLY BY DISCUSSING THE SPECIFIC FACTS OF YOUR CASE WITH AN EXPERIENCED FAMILY LAW ATTORNEY THAT YOU CAN EDUCATE YOURSELF AS TO HOW FLORIDA LAW APPLIES TO YOUR INDIVIDUAL SITUATION.
During your first meeting with the lawyers at The Bonham Law Firm you will receive a professional analysis of your situation and learn about your available options. Then The Bonham Law Firm will go to work for you, vigorously and efficiently pursuing your goals.
The primary areas of concern in most divorce matters are:
THE CHILDREN Where will they live? Will I have to pay child support? If so, how much? Where will they go to school? Can they leave Florida? When do I get to see them? What about the holidays? Their birthdays? Fathers' Day? Mothers' Day? My birthday? What happens if my spouse re-marries? Who should claim them on their tax returns? What are my obligations to the other parent if my child gets sick? What happens if I can't pay child support? What do I do if the other parent stops paying? Who pays the medical and dental bills for the children? Who pays for daycare or aftercare expenses? Does the other parent have to tell me where they are taking the children? Can the other parent get a passport for the children without my permission? What if the other parent brings the children to meet their new girlfriend or boyfriend? Can I move to another state with the children in the future? What happens when the oldest child turns 18? When does the child support stop? What if my child has special needs?EQUITABLE DISTRIBUTION OF MARITAL ASSETS AND DEBTS What happens to assets I had before we got married? What about money that I inherited from my family? What happens to all of our savings? Who gets the house? What about my car? Am I responsible for her credit card debt? What about his student loans? Loans to his family members? Loans we took from her family? If she gets the house, how do I get my share of the equity? Can he kick me out of the house? Should I move out of the house now, and if I do, will it affect my rights to the home? Is there any danger if I decide to stay in the home? Should I stay on the title to the home, and will doing so affect my ability to get my own home? If I stay on the title to the house, what happens if she stops paying the mortgage? Can she get a portion of my pension? What about my 401(k)? What if we started a business together --- who operates it during the divorce? What if he owns a company? How do I get my portion of it? And should I insist on cash or are accepting shares of stock a better option? What about un-exercised stock options? How do we prove he is hiding money? What about airline frequent flier miles? What happens to our time share? What if my spouse cheated on me --- why does he / she get anything at all? Does adultery or infidelity have any effect on the property settlement? If so, what?
ATTORNEYS' FEES & COSTS What do I do if I cannot afford an attorney because my spouse has all the money? Does he have to pay my attorneys' fees? If so, what portion? Do I have to pay for my wife's attorney? Why? Under what circumstances would I have to pay my spouse's attorneys' fees? Under what circumstances might the other side have to pay my attorneys' fees? Are any of my attorneys' fees tax deductible?
ALIMONY What are the five (5) types of alimony in Florida? Which one(s) am I likely to get? OR Which am I likely to have to pay? How much alimony will I get? OR How much alimony will I have to pay? How long will I receive alimony? OR How long will I have to pay alimony? When can I stop paying? Under what circumstances can I ask the court to modify my alimony payments? Will the alimony I receive be taxable to me, the same as if I was earning the money from employment? Or if I am paying alimony, can I deduct it from my tax returns? What if my former spouse gets re-married -- can I just stop paying alimony, or do I have to get a court order allowing me to do so? Or what if my former spouse does not get married but is living with someone in a 'supportive relationship' -- can I stop paying alimony right away? Can I make my former spouse keep paying for my medical insurance? Can I make my spouse guarantee the alimony with a life insurance policy? What about his or her social security benefits? Can my spouse make me sell my assets to pay alimony even if I lost my job? What if I need more money at some point in the future? What if I signed a pre-nuptial agreement waiving alimony - does that mean I have waived temporary support, too?
INCOME TAXES Should I file jointly with my spouse? Why or why not? What happens to the refund check? What if I don't owe any taxes but my spouse does? Am I still liable?
PRE-NUPTIAL OR POST-NUPTIAL AGREEMENT What if my spouse and I signed a Pre-Nuptial Agreement? Is it valid? Can my spouse try to have it declared void and set aside? Can I get it declared void and set it aside? Can it be modified? If I have a prenuptial agreement, does it still matter what I do and how I handle my finances?
RELOCATION What if my former spouse wants to move to another city or state (or country) and wants to take the children? What if I want to move with the children? Does someone have to give written notice? What if I don't give notice?
MODIFICATION OF ALIMONY / CHILD SUPPORT My former-husband just lost his job and says he can't pay me as much child support - can he just do what he wants? What do I need to do if I just lost my job and I have a court order that says I have to pay child support? The fact is that if you need to modify alimony or child support, you need to act as soon as you know your income is going to change. If you wait to file a modification action, you will still owe the money that accrued BEFORE the date that you filed a supplemental petition to modify with the clerk of the court, so time is of the essence when filing modification cases.
To learn more, please call us for an appointment to discuss your particular situation. Our telephone number is 305-895-0468.
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