Archive for the ‘ Divorce ’ Category

Four Ways A Divorce Mediator Can Help A Messy Divorce

Posted on: July 7, 2017 by in Divorce
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Everyone has a dream of growing up and finding a perfect love. However, for some people, this is not always the case. Some people never marry, and some people marry and live happily ever after, some marry and then divorce. A divorce can become a very hostile and adverse situation for both parties. In a divorce, there can be fights over numerous things. Some of the most contentious points are money, property, and child custody. When kids, especially young children are involved, it is not uncommon for visitation rights and scheduling to be the most heated issue when settling the divorce. There are a few different ways for both sides to come to agreeable terms in a cordial manner. Possibly, the most efficient way is to have a divorce mediator.

It is a Much Faster Option

In Florida, if your divorce is uncontested then it should not take you more than a little over a month to get in front of a judge. However, if your divorce is disputed and the courts must make decisions regarding your divorce then you better have a lot of patience. A contested divorce can very well not go to court for six months or longer. In Florida’s busiest counties it is possible to wait over a year to get in front of a judge. By hiring a divorce mediator, you streamline the process instead of waiting an unknown amount of time. This is very important to consider because you honestly do not know how long it could take to go before a judge. When you are going through a divorce all you want to do is move on with your life; you do not want to have the weight of a divorce holding you down for what will most likely by a few months at least.

Takes a Lot of the Emotional Burden Off

Sometimes as a society we forget about how heartbreaking a divorce can be. It has become so standard in society today we forget what’s behind a divorce. Two people who were once madly in love with each other and planning to spend the rest of their lives with each other are calling it quits. That is not a feeling anyone wants to feel. Divorces quickly and often take a contentious route. Having a divorce mediator there to keep the best interest of both parties as the number one priority can drastically change the environment of your divorce. Instead of fighting with your soon to be ex-spouse over issues such as child support, alimony, property, or other assets you can calmly sit down with the divorce mediator and work out a plan that works for both of you. During a time when emotions are running high, any step that can be taken to avoid a hostile environment should be made.


The cost of going through a divorce mediator is much smaller than if you were to go to court. The biggest contributor is the how much less time it takes. When deciding to go to court over a contested divorce, you are going to wait months to go before a judge and in all that time lawyers can keep charging you. After a while, this starts to build up, and you can end up with a steep bill at the end of the divorce. The second reason is that in a divorce your personal lawyer will always try to get you to keep pushing. This is because as long as you keep pushing and the divorce does not settle they can keep charging you. A divorce mediator has both parties best interest at hand and will work to resolve your issues as fast and easy as possible.

Life After Divorce

This point somewhat feeds off the previous paragraph. Because a mediator can help smooth over a divorce it will make life after divorce much easier; this is especially true when a divorce involves children. Having a friendly relationship with your ex can make a huge difference in your life. It will make things much easier for you, your ex-spouse, the children, and everyone involved. If you have a good relationship with your ex, it creates a much more positive environment for your kids. In a divorce, kids feel as though they need to pick a side which is very unhealthy for any family. This can create even more tension between the two parties in the divorce. Having a healthy relationship with your former spouse makes scheduling the kids much easier. When planning the children’s schedule is easy the rest of the divorce can usually follow suit. This is because children are often the strongest point of conflict in a divorce. A healthy environment is critical for kids as they grow up. If one parent talks badly about the other, it creates an awkward situation for the children.




Do It Yourself Divorce on the Rise

Posted on: June 21, 2017 by in Divorce
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When it comes to divorce, you’re likely looking for the most inexpensive method possible. Do it yourself divorce offers a way to save money, as it is entirely lawyer-free. However, there is a right and a wrong way to go about DIY divorce, and knowing all the details will help you in the long run.

What is It?

Simply put, DIY divorce is a cheap alternative to divorce court. Some feel lawyers are far too costly, or their lawyer has recently dumped them. DIY divorce offers an easy fix for both issues. Many feel that by opting for the route without lawyers, they’ll maintain a friendly relationship with their ex.

As long as there is no contest in the divorce, you can file all of the paperwork yourself. After submitting the paperwork to your local courthouse (or online in some cases), you may be finished with the process. In other cases, the court will mail you an appointment for mediation. The mediator will not have a side in the divorce, rather guide the conversation and the topics that you and your spouse should cover.

The Pitfalls of Do It Yourself Divorce

Many who opt for a DIY divorce find it comes back to bite them. Typically, those seeking a divorce do not fill out the paperwork correctly. Sometimes online divorces have no financial agreements or consent forms signed. So your spouse may be entitled to any wealth you acquire after your divorce. For example, if you did a DIY divorce and won the lottery months later, your ex could be privy to some of the cash. The divorce itself doesn’t protect you from your ex bringing claims against you.

Because there is no tangible, court-certified document verifying the divorce, couples are still married in the eyes of the court. If you have a do it yourself divorce and remarry years later, police could arrest you for bigamy.

These divorces also have a one-size-fits-all approach, meaning documents do not take additional assets and issues regarding children into account. It is strictly administrative, rather than keeping all financial assets in mind.

What Can You do to Prevent Pitfalls?

DIY divorces are simple if you have all of the facts and know where to go for questions. Follow these tips and tricks to be sure you’re doing what’s best for you in your divorce:

  • Ask yourself if you addressed all financial questions in your divorce. You should have zero doubt that your finances are just that — yours.
  • Obtain a Decree Absolute. This verifies to the court that your divorce is legal and officially recognized.
  • Remember the pensions. Up to 85% of women don’t realize they can account for their spouse’s pension plan, which can end up being worth thousands of dollars.
  • Obtain a court order to dismiss any and all financial claims. This will give you a clean financial break, as financial assets are one of the biggest pitfalls of a do it yourself divorce primarily because there is no time limit to file a financial claim.
  • Seek legal advice beforehand. In instances where you represent yourself before the court, they may refuse your petition.
  • Amending the petition can be costly between the court fees, so it is best to acquire legal counsel before filing.
  • Know what you need. You will irritate everyone in the courtroom if you show up with your files out of order, or worse, missing. If you’re unsure of what you need to take, take all of your legal documents to be safe.
  • Have a system. Whether you are going to divorce court DIY or submitting your divorce online, having your affairs in order is a priority. Many lawyers organize by file type then by date. It doesn’t matter how you organize, but you must have easy access to any document a judge or prompt requests.

Specific to Courtroom DIY

  • Dress to impress. While we can all individually believe that it’s what’s on the inside that counts, the outside counts in the courtroom. Judges want to see you show respect for the court, so showing up in sweatpants or swimsuits is not ideal for your case.
  • If you’re on time, you’re late. There is a lot to figure out in courthouses, and you should allow yourself the time to find everything — parking, security, the courtroom. The case can and will proceed without you.
  • Judge is king. Do not argue or speak over the judge, and know the rules of the courtroom you’re in (which vary from house to house).

DIY divorce can be a service to you, however contacting a lawyer beforehand is in your best interest. Contact us for a consultation to keep your best interests and assets at heart.

Social Media During Divorce: The Dos and Don’t’s

Posted on: June 2, 2017 by in Divorce
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social media during divorce

No matter how you slice it, divorce is never a good thing. Along with the stresses of separation and the untangling of two lives that have become intertwined, comes the inevitable awkwardness of learning how to navigate social waters as a single person again. During these stress-filled times, you may feel the urge to decompress and let the world know how you are feeling on your favorite social platform. But if your divorce is not over, do not make that post or tweet just yet; using social media during divorce can be a costly affair. In today’s blog, we will look at some online do’s and don’ts for couples getting a divorce.

Rules for Social Media During Divorce

Emotions flare during times of stress, and there are few experiences more stressful than getting a divorce. Alongside sorrow and depression, you may feel bouts of anger and thoughts of revenge, depending on your situation. Sometimes a soon-to-be ex-husband or wife may feel the urge to unleash that anger over social media channels, like Facebook or Twitter. If you find yourself in this situation, take a deep breath and step away from the keyboard; indulging in this desire can affect the outcome of your divorce proceedings in more ways than you can imagine.

In fact, avoiding social media while you are getting a divorce is probably the best idea. It can be too tempting to rant and rave about your situation and in the process of doing so, you might inadvertently give your spouse the upper hand in court. Even something as simple as a harmless selfie could result in you paying more in the settlement.

Having said that, we know the draw of social media and the comfort we find in our online personas. If you cannot bring yourself to take a leave of absence from the virtual world, consider adhering to the following advice when using social media during divorce.

Avoid Online Gossip During a Divorce

People love to talk, especially on social media. Once your close-knit circle of “friends” and family discovers your divorce, their curiosity will naturally be piqued. Who is to blame? Who cheated? What dirt can is there? By spilling your every thought on your wall or blog, you feed into this frenzy and provide more fodder for the cannon. Every cryptic tweet is one more thing for people to gossip about and every story you tell is one more thing that will get exaggerated and misconstrued.

As a married couple, you no doubt accumulated friends together. After a divorce, it is not uncommon for some friends to side with one spouse over the other. Posting during emotional times could push away people in your life or make you come across as the “villain” in the relationship. Avoid the added stress and drama and save the rants and raves for your paper diary.

Think Carefully Before You Post

If you are going to post, you should think very carefully before you post anything at all; even a simple status update. For example, maybe you decided to go out on the town with some friends to drink your troubles away. Take a selfie in a photo drinking alcohol too often and your ex might provide it as “proof” of alcoholism. Pose for photos with a member of the opposite sex, and it could lead to claims of infidelity.

You may find yourself wanting to show off how well you are doing now that your spouse is out of your life; posting images of spending sprees or splurges gives the impression of expendable income and could cost you more in alimony payments.

When it comes to using social media during divorce, remember this one rule: when in doubt, don’t post.

Do Not Share Legal Documents or Communications

As tempting as it may be, never post or share any information regarding your divorce. This includes communications with your divorce attorney or your spouse. Do not use the phrase “according to my attorney” or “my divorce lawyer says.”. In doing so, you may waive attorney-client privilege or incur the ire of the court. Something you want to avoid!

It Can Be Used in Court

Just as with most cases, character witnesses or people that you have willfully shared information with can be subpoenaed to testify against you in court. Sharing information with your friends – even online – can have a direct bearing on your custody battle or divorce proceedings. Because of this, you should remove anyone you have any doubts about from your friend list or followers.

In addition, always be confident that your privacy settings are up-to-date and that you limit the information you grant access. Anything you post online can – and likely will – be used against you in a legal dispute.

Keep It Amicable

At the end of the day, the best way to get through a divorce is to resolve the process amicably and on the best terms possible. This is especially true if you have children. The American Psychological Association has an excellent article on how to have a healthy divorce. We think most couple can benefit from reading.

If you are considering a divorce or want more advice for using social media during divorce, contact a local divorce attorney. The right divorce lawyer can help you navigate the murky waters divorce and custody proceedings and put you on the path to a healthier life.

Divorce Statistics: The Probability That You Will Get Divorced

Posted on: May 12, 2017 by in Divorce
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Let’s face it: Divorce is an ugly word. We shy away from using the word in the hopes that it will never happen to us. Meanwhile, we see it affect countless friends and family members. If you watch popular media or listen to people speak about the subject, you will hear a mixed bag of divorce statistics. Some people say it happens to fifty percent of marriages. Others say that this group of people are more likely to get divorced than another group. But what are the real numbers and what is the probability it will happen to your marriage?

Marriage and Divorce Statistics

It seems every day there is an accumulation of stories about divorce. From gossip magazines on the racks at grocery stores and books stores to television shows and movies using the event as fodder for plots and summer blockbusters. Even popular media on the Internet is not a haven from the term, as we see it filtered down and shared through social media outlets and our favorite websites. Divorce has always fascinated people and will like continue to for as long as marriage remains a sacred institution.

Marriage Rates

By all means, marriage itself seems to be in decline. Over the past 40 years, marriage rates in the United States have dropped by 50%. While almost 60% of the current US population is married, nearly 25% never got married. Sometimes this is by choice, and other times whether someone enters marriage or not relies on outside factors. For example, over 7% of Americans become widowed after having tragically lost a spouse.

One reason that we see fewer marriages today has to do with the fact that, as a whole, people decide to get married much later in life. While our counterparts in earlier decades got married at a young age, the average male now takes the big plunge at the ripe old age of 27 years old, on average. Women, meanwhile, have their first marriage typically by the age of 25.

Divorce Rates

While divorce statistics seem to indicate that divorces are actually on a downward trend here in America, the fact remains that nearly fifty percent of all marriages end in divorce. That means one in every two couples choose to end their relationship. This is not merely a trend in the US. Other developed countries around the globe have similar divorce statistics, suggesting that region may not be a large factor.

The murky waters of divorce statistics get even cloudier when we start looking more closely at the numbers. For example, just over 40 percent of first marriages end in divorce. Meanwhile, that number grows to sixty percent for second marriages. If you are lucky enough to get married a third time, be aware that over seventy percent of third-timers end in divorce.

Age seems to play a role in divorce statistics as well. For age groups 20 years or younger, women get a divorce more than 25% of the time, while men only do so a little over 10% as often. The major age group for divorce for both males and females seems to be twenty to twenty-four years of age. This group has a divorce rate of over 36%.

Divorce Statistics by Race

Many studies indicate that race or culture may play a role in divorce statistics. According to the US Census Bureau, marriages involving black couples are at the highest risk for divorce, with nearly half of all first marriages ending. Caucasian marriages end forty percent of the time, while Hispanic divorce rates are at thirty-five percent. Asian groupings experience divorce the least, choosing this option twenty percent of the time.

Other Factors that Affect Divorce Statistics

Divorce is a complicated subject, and while charts and graphs of divorce rates may not apply to your particular situation, they do provide interesting insight into how outside factors can influence your marriage.

For example, same-sex couples initially got a divorce at a lower rate than opposite-sex couples. However, as same-sex marriage became legal and better statistics became available, it seems that the divorce rate is the same for both same-sex and opposite-sex marriages.

Education also plays a factor in who chooses divorce. If a couple has attended college, they are thirteen percent less likely to end their marriage than couples who have not.

Finally, even religion seems to weigh on the success rate of marriage. Almost thirty percent of all Baptists receive divorces, while just above twenty percent of atheists and agnostics do.

Divorce Attorneys

If you find that you are contemplating ending a marriage and have tried options such as marriage counseling, it may be time to consult a divorce attorney. Divorce is one of life’s most complex and stressful events; never take it lightly. We always advise anyone seeking a divorce to obtain the advice of experienced legal counsel.

Tips for Co-Parenting After a Divorce: Making Joint Custody Work

Posted on: May 7, 2017 by in Divorce
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joint custody

Plenty of people divorce each day in the United States. The ramifications of the divorces vary, however, as who feels impacted by the separation depends on who exists in the picture of the family. For example, when two people divorce without any children in the picture, the pressures of interacting with one another receive little consideration in the process. However, when children exist as part of the consideration during divorce proceedings, the entire basis of the divorce changes. At that point the divorce becomes primarily about doing what is best for the children. The majority of the time, the decision reached is co-parenting, or a joint custody agreement.

However, that is not as simple as it sounds. Co-parenting means working with the person you only recently divorced in raising your children. While yes, you did once love each other enough to get married, divorces usually demand time and separation in order to heal the wounds. A great concern in co-parenting and joint custody agreements is how the parties involved will be able to work together to make it work. Not only for the children, but also for the parties themselves. Joint custody agreements must not cause you great worry.

Tips for Co-Parenting After a Divorce: Making Joint Custody Work

Ensure The Agreement Satisfies Both Parties

Once an agreement has been reached regarding the children, it is essential that that agreement pleases both parties. While divorces do not typically make those involved feel happy or calm, when dealing with children there must be a mutual understanding that dealing with each other for the children’s sake is key. Whatever agreement is reached between the two parties must satisfy both. If one party believes themselves wronged in the proceedings, it likely becomes apparent over time. Lingering resentment and disagreements revolving around the separation only bring further stress to all involved. You worked out a child support agreement for a reason. The deal was signed off on by both parties for a reason. Remembering this remains vital in avoiding stressful arguments and disagreements.

Remember, It’s About The Children

While the divorce was a decision made to better your lives, the children’s lives remain of the utmost importance. Once a joint custody agreement is reached, the children must be the priority from there. Divorces often cause emotional trauma to children. Children deserve calm and careful treatment to ensure they do not suffer from the arrangement. Additionally, treating each other with respect will show the children that everything remains alright. One recipe for disaster is looking at the children as prizes up for battle between the two of you. A joint custody agreement means you work together to raise the children. It is not a battle, but instead a treaty.

Work Out the Finer Details

One major step forward worth taking is planning ahead. Perhaps one party knows they go out for drinks every Thursday night. Making that known to the other party ensures that no argument arises regarding who will take care of the children. Through the law, working out specific nights for specific parents works tremendously as well. Perhaps an agreement where the Mother watches the children on weekdays and the Father does so on weekends. Another possibility is the Father gets a specific four days a week and the Mother gets a specific three. Children thrive off of schedules and understanding where they are at with each parent. Thus, when parents put together schedules that do not change, children can follow along and feel safe. Once again, this can even be done during the discussions for custody. Joint custody may spell out the agreement including times and details.

Keep Your Children Out Of Your Legal Troubles

Divorces may not always go as smoothly as intended. Perhaps a car is up for grabs in the legal proceedings. Even the house could be part of the argument between two spouses. Once a joint custody agreement has been reached, you are committing to optimally raising your kids together.  Together is the key word. Though you may wish for your children to see the error of your spouse’s ways, that goes against the entire agreement. The agreement is made in order to ensure your children are not part of the fallout from the divorce. While further arguments remain understandable, what is unacceptable is involving the children. Agreeing upon splitting time with them means agreeing upon doing what’s best for them. Though you may feel spending time with you rather than your spouse will work best for them, a legal agreement states a split.

Unresolved issues receive attention without the kids’ involvement. This factor works to prevent the kids from feeling like they are pawns in a larger game. It also prevents damage from their parents fighting in front of them. Remember, your kids already went through seeing their parents divorce. A joint custody works to limit the damage. Fighting for more in front of the kids only negates that. Treating each other well in front of the children goes a long way towards their happiness. That’s what’s key.

What Rights Do Fathers Have in Child Custody?

Posted on: April 14, 2017 by in Divorce
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what rights do fathers have

It’s no secret that there is a high divorce rate in the US. With that high divorce rate comes more custody battles. That’s why it’s so important to learn the answer to one question: What rights do fathers have in child custody?

What Types of Rights Are There?

A father’s rights aren’t limited to just custody. His rights include spending time with his child, being consulted before an adoption, and making decisions that affect the welfare of his child. There’s physical custody (the parent with whom the child lives with most of the time) and legal custody (the parent who makes important decisions about the child). Legal custody includes decisions about religion, education, medical care, and more.

These rights aren’t natural, but most fathers need to fight for them in court. And before you learn how that works, it’s important to note that every state has its own laws in regards to custody cases. That said, there are a few universal facts about a father’s rights.

What Rights Do Fathers Have?

Custody law differs depending on whether or not the parents were married at the time the child was born. So to fully understand custody law, you have to look at the two scenarios separately.

Unmarried Fathers

An unmarried mother has the primary right to child custody. According to the law, she has the right to custody over her the child. Her rights are superior to those of the father. However, that doesn’t mean a father has no chance of getting custody of his child. If he can prove that the child’s mother is unfit in any way, he can seek custody.

If he can’t demonstrate to a court that the mother is unfit, he can still attempt to get some form of custody. Although a father cannot get primary custody over a “fit” mother, he is eligible for some custody or visitation. If he wants to fight for custody, his name needs to be on his child’s birth certificate. He can take his case to court and ask for partial custody. It may be more or less difficult to obtain these rights, depending on which state will hear the custody case. Some states strongly favor the mother, while others are less biased.

Married Fathers

Married fathers have more natural rights than unmarried ones. In courts today, the general rule is that giving child visitation to both parents is best for the child. Unless you have strikes against you, there’s a good chance that a judge will award you with some custody and visitation.

Most divorces decrees give physical custody to only one parent. Although this can be the father, the mother gets physical custody the majority of the time. Some parents opt for joint custody, which happens when the child lives with both parents an equal amount of time. The courts do not usually grant this type of custody; parents usually include it in the divorce settlement. Even less common is split custody, which happens when the mother gets custody of one child, and the father gets custody of another. And like joint custody, courts do not usually award split custody.

And then there’s legal custody. Divorce decrees often give legal custody, or the ability to make decisions that affect the child, to both parents.

What Factors Matter To A Judge?

Sometimes, parents can’t decide who should get custody of the child. When parents can’t agree, the courts step in and they look at what’s in the best interests of a child. At that point, the question is no longer what rights do fathers have, but what is best for the child. They look at the following issues:

  • Who is the primary caregiver
  • The moral character of each parent (past legal troubles, character witnesses)
  • The financial status of each parent
  • The child’s preference, if a child is old enough to give input on the issue

They consider things like the mental health of each parent, cultural considerations, the home environment, support from the extended family, and more. If one parent was emotionally abusive or abused alcohol or drugs, they also

In some states, the courts favor the primary caregiver. Psychologists believe that living with the primary caretaker is better for a child’s mental well-being after seeing her parents divorce.

The primary caretaker can be the mother or father; it depends on who was in charge of care-taking. If you did things like bathing, meal preparing, teaching, and health care organizing, you would likely be considered the primary caretaker. In some cases, both parents are the primary caretaker. In those situations, the court looks, once again, at the best interests of the child.

Are You Seeking Child Custody?

Every child custody case is different, so there’s no one answer to the question, “What rights do fathers have?”. The outcome depends so much on the specifics of the situation. But one thing is certain. If you’re seeking child custody, it’s important to know your rights. Equally important is finding help from a child custody lawyer.

Social Media During Child Custody Cases: What You Need to Know

Posted on: April 7, 2017 by in Divorce, Family Law
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child custody

When two spouses divorce, one of the most common questions that come to the forefront is “who gets the kids.” It’s a fair question, often considering times the two spouses each believe they’ve earned the right to raise their children as the primary guardian. However, only one parent can keep the children under their roof, and one thing the children will likely do will play a large part in the parents’ success in gaining child custody as well. Social media.

Kids love their social media. At any given point you will find a child on Snapchat, Instagram, Twitter, or more. Social media took over the on-the-go entertainment scene in recent years, bringing plenty of positives to the table. Some work exclusively in the social media field now. Others market their companies through social media, gaining more income.

However, social media also can be destructive. Many posts put the posters in hot water, including those in the court of law. While children most often use social media, adults do as well. When adults use social media, they do so in a much more serious internet world. Anything that reaches the wrong audience in the wrong way can be harmful towards them. For example, in a child custody case, there are plenty of do’s and don’ts to worry about when it comes to social media.

Do’s and Don’ts of Social Media During Child Custody Cases

Do: Consult Your Child Custody Lawyer Regarding Your Content

You always wish to consult your Child Custody Lawyer before you post something on social media. One wrong post here or there can bury your case, so going to the experts works as a way to ensure you do not make any crucial mistakes. Say you have a tweet saved in your drafts stating that you felt your day in court was unfair. You want to tweet it out to the world. Your Child Custody Lawyer will explain to you that tweeting about the case can only do harm, not good for you. Judges will see the tweets and believe you are unable to control your emotions, or unable to respect authority. Your gripes to your followers will turn into a major setback for your case, all because you wished to let off some steam online.

Consulting your Child Custody Lawyer ahead of time prevents such tweets from leaving the drafts folder. Even in the case of a private profile, opposing lawyers may be able to get a copy of the tweet and share it with the court. Suddenly what you believed to be a private complaint about the court system is now negatively impacting your case. Simply put, consult the experts before you put anything online. Otherwise, you may find yourself hurting your own case inadvertently.

Don’t: Post Anything Negative About Anyone Involved In Your Case

This is the most common mistake made by those in child custody cases. A simple tweet complaining about the ex, or a simple Facebook post saying the children are not respectful. They may seem innocent, and they may even carry innocent intentions. However, what they are in your mind and what they are to juries and judges serve as two completely separate entities. The tweet complaining about your ex may make you look vindictive, or unappreciative of the relationship you once had. The opposing side can spin your complaint into a series of complaints and/or a way of acting unappreciative of what you had. Suddenly you look like the bad spouse.

The post concerning your children brings, even more, troubles to the table. After all, you are fighting for the right to be your children’s legal guardian. Anything negative you say about those same children will make it look like you do not unconditionally love your children. However untrue that may be, the way something looks is the way something looks. Avoid these negative posts at all costs.

Do: Save Anything That Could Help Your Case

Remember, you are battling a case here. Any evidence that could help your case must be saved. This way your Child Custody Lawyer can look it over and determine the best way to use it to assist you. For example, perhaps one time your ex threatened you in a Facebook message. That Facebook message could be the key to proving them to be an unfit parent in comparison to you. Suddenly, social media is your savior, and you have custody of your children. The little details can go a long way in cases like these. Saving posts and showing posts to your lawyers will allow for them to have them most ammunition possible in the courtroom. In the end, that’s all you can ask for. Your case will be fought with the most evidence, and social media will be a helper, not harmful.

7 Reasons to Get A Prenup

Posted on: March 14, 2017 by in Divorce
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Being in love and ready to commit your life to someone is a happy and exciting time. Most people view a prenup as a sign of mistrust. Getting a prenup does not mean that you are deciding that you will get a divorce in the future. It does serve a lot of positive purposes. Speak to a prenup lawyer after reading these seven reasons that you should get a prenup.

1) Learn to Work Together and Compromise

You and your soon-to-be spouse can be amicable and fair when you are writing the prenuptial al’s; then you will know where you stand if you need to get out. Divorces change people. No matter how much you love and care about each other, the person you divorce will not be the person you married. Knowing the cost early is a huge relief if you are in an unhealthy marriage. Some people even stay in abusive or unhappy marriages because they are afraid of the fallout a divorce can create for them. No one should be forced to stay in a relationship that is negative for their well-being, and a prenup can prevent that fear.

2) Knowing the Cost of your Divorce

You and your soon-to-be spouse can be amicable and fair when you are writing the prenuptial al’s, then you will know where you stand if you need to get out. Divorces change people. No matter how much you love and care about each other, the person you divorce will not be the person you married. Knowing the cost early is a huge relief if you are in an unhealthy marriage. Some people even stay in abusive or unhappy marriages because they are afraid of the fallout a divorce can create for them. No one should be forced to stay in a relationship that is negative for their well-being and a prenup can prevent that fear.

3) Don’t Become the Victim

Not only will a prenup help you understand what you will need to lose to leave a marriage, but it will also help you if you are suddenly served divorce papers. Without preset guidelines for what happens should someone dissolve a marriage; one party can spring a divorce on the other party after months of planning. Meanwhile, the other spouse is going to have to find legal counsel and try to respond with their best defense all while in a state of emotional ruin. A divorce is not a fair fight if one party can strategize and then attack an unwilling party both emotionally and financially. Protect yourself from surprises with a prenuptial agreement.

4) Receive Full Transparency

If you use a prenup lawyer, they will help you provide all the needed information to form a plan for your future. Gathering all pre-marital assets for a prenup means that both parties must lay everything on the table. Also, once your personal details are pulled to create a shared agreement, you will both have full disclosure of what the other spouse owns. This includes debt, which is a very important detail to disclose to someone you plan on spending the rest of your life with. Before you sign a marriage certificate, you need to fully understand who and what you are signing for. You can use this information in the future to create a stronger relationship. When one partner is better with money, and one is not as capable, you can help each other. It only services to benefit your marriage if both parties are honest.

5) Avoid Public Melodrama

When you are getting a divorce, almost every document is public record. You and your children, family, friends, and career can be drug through the mud. Although lying on a declaration is perjury, it doesn’t mean it doesn’t happen. Low-blows are very common, considering the highly emotional situation. Temporary anger or spite can cause permanent damage if anyone closely associated with you takes everything submitted by the other party to be the truth, even when it is false. Consequentially, you can lose your entire family. Hiring a prenup attorney to assist you in creating a fair and reasonable agreement can remove all the collateral damage that a trial can cause.

6) Protect the Relationship With Your Children

Whether you have children before your new marriage or will have kids in the future, they will be a part of your divorce. You and your spouse getting a divorce will impact your children. Kids especially feel compelled to side with one parent or the other, and those lines can last for their entire lives. The version of yourself that your kids see during a divorce will stay with them. Using a prenup to show your children that you are both capable of maturely handling conflict. Whether you feel animosity towards your spouse or not, a prenup will allow you to save face with your children and protect your relationship.

7) Financial Security

Divorce can be much like a game of chess. As a result, lawyers are there to battle each other. You and your spouse will try to claim exactly what they feel they are owed. This can include your property, income, investments, and retirement. It is a possibility that you can owe spouse support for a determined amount of time. You can be held liable for the debt that was accrued without your knowledge. Your business can even be split apart. This is the first reason people consider a prenup, and it is an important part of keeping yourself secure.


Do Lawyer Awards Identify the Best Divorce Lawyer?

Posted on: February 21, 2017 by in Divorce
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best divorce lawyer

Trying to find the best divorce lawyer to handle your divorce is never an easy thing to do. There are lots of options to choose from. And many rely on aggressive marketing tactics that make a lot of bold but vague promises. How can you identify the best divorce lawyer with so many vying for your attention?

A lot of people look at the type and number of lawyer awards a potential attorney has won.

How to Choose the Best Divorce Lawyer

There are advantages to relying on this approach, but also disadvantages. As you search for the best divorce lawyer, consider both sides of the equation:


Lawyer awards are judged by colleagues, peers, and critical observers. That means the winners of lawyer awards stand out from the pack regarding their accomplishments and abilities. And since the awards are judged objectively, they help you cut through all the sales pitches and identify the best divorce lawyer based on real merits. Not all lawyer awards are created equal, and some are for things that are unrelated to your divorce. But they are still a reliable tool for picking out the best divorce lawyer.


The reason that lawyer awards may not lead you to the best divorce lawyer is that only you can decide what that person looks like. An award-winning lawyer may have a stellar track record and offer well-respected legal services, but that does not ensure they will be everything you want and need them to be during the complicated and consequential process of divorce. You may be wowed by a shelf of awards only to find out that your lawyer either can’t or won’t be the counsel you require. Do not discount lawyer award entirely, but do not use this one factor to identify the best divorce lawyer for you specifically.

The best way to get a sense for a lawyer, along with any award he or she has won, is to sit down for a face-to-face meeting. The conversation you have will tell you a lot more than any plaque or trophy ever could. Have that conversation free of charge by calling Lewert Law at 561-220-0123.

High Income Divorce Attorney

Posted on: January 25, 2017 by in Divorce
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high income divorce attorney

Every divorce creates complicated and consequential legal issues. But when the income or net worth of one or more parties involved in the divorce is especially high, it only makes those issues more urgent. This is where you need a high income divorce attorney.
A high-income divorce attorney works with spouses who have a lot at stake as a result of divorce. These attorneys understand what is on the line and how to put the best interests of clients, both personal and financial, at the forefront of the divorce process.
If you are thinking about divorce or moving forward with the initial steps, you may want to seek out a high-income divorce attorney. Important information is outlined below. Read through it to ensure you’re doing the right thing for your divorce and your financial future.

Understanding Assets

The reason that clients choose to work with a high income divorce attorney is that dividing up assets becomes much more complicated when those assets are substantial. The state of Florida operates according to the principle of equitable distribution. This means that assets are divided into those possessed before the marriage and those purchased during the marriage. Only the division of the marital assets can be taken up by the courts.

Working with a high-income divorce attorney is important for either party. It is often the case that one party will try to hide assets, or that the other party wants to keep more of what they feel is fair. Even in a perfect situation, the value and volume of the assets involved create a lot of unexpected issues. A high income divorce attorney will have seen these before and know how to proceed with the divorce in a way that puts the priorities of the client first.

High-Income Concerns

A high-income divorce is immediately more complicated because income is available from multiple streams. The total value of a person’s assets or net worth may be tied up in multiple financial mechanisms. Each will take the time to investigate, unpack, and understand, which is why a high-income divorce attorney is such an invaluable resource. These are the kind of assets and income sources to focus on:

  • Ownership of a small business
  • Real estate investments
  • Commercial real estate
  • A professional practice – doctor, lawyer etc.
  • Partnership holdings and stocks
  • Private equity funds
  • Hedge funds
  • A stock portfolio
  • An executive compensation plan
  • A financial settlement

Whether your goal is to protect these assets or get the portion of them that you feel fair, you will want to let a high-income divorce attorney offer you advice and counsel.

Alimony and Child Support

The division of assets becomes the primary focus of many high-income divorce proceedings. But alimony and child support are both frequently a part of the process as well. And without a high-income divorce attorney offering you guidance, these issues may work against you in ways you do not expect.

Take alimony, for example. When one member of marriage has a much higher income or net worth than the other, the courts may grant an extremely high rate of alimony to “bridge the gap.” That will be a priority for one party and a major point of contention for the other. Both will want to have a high income divorce attorney in their corner.

Child support is another area where sums can inflate unexpectedly. The laws in the state of Florida dictate how much child support should be paid based on the payer’s income and the number of children to support. But the court has leeway to adjust this figure either up or down. Depending on your interests, a high income divorce attorney can work to swing the sentiments of the court.

The Right Way to Approach Divorce with a High Income Divorce Attorney

There are two points that are essential to stress to anyone involved with a high income divorce. First, it is never a smart strategy to assume that someone who is not qualified to call themselves a high income divorce lawyer is capable of handling your case. While some of the issues may be the same, the way they play out in high income divorce proceedings is much different. When one partner decides not to work with a high income divorce attorney, the divorce rarely works out the way they would have liked.

Second, either party in the divorce can benefit from working with a high-income divorce attorney. One party wants to keep more of what they consider to be their property. The other party wants to access more of what they believe to be shared or earned property. Each side has a compelling case that only a high-income divorce attorney will be able to present in court.

When you are ready to consult with a high income divorce attorney in a private setting, contact Lewert Law by calling 561-220-0123.

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Client Testimonials

Kelley Ms. Lewert never lost sight of the practical realities of my divorce. Although she listened compassionately so that she understood what she needed to, she did not let me lose sight of my goals and what was acheivable within the system even when things got emotional. She protected my financial interests and my personal interests. Thanks to Ms. Lewert, I no longer have to deal with a difficult ex-. She didn't always tell me what I wanted to hear, but because of that, my case did not drag out longer than it should have. I never felt that she put her own interests ahead of mine. Her judgment was reasonable and her advice sound. She and her staff were good at dealing with difficult and unreasonable people in a professional and ethical way. Thanks to Ms. Lewert, I never got drawn into senseless battles, recovered as quickly as possible from my divorce and was able to move on and enjoy a better life. I have recommended her repeatedly to others who need an excellent family lawyer.

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