lewertlaw-blog

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If you and your spouse have made the decision to end your marriage, the net step is to hire the right divorce attorney. The attorney you hire is going to be your strongest advocate and they are going to work for you to help you acquire a settlement, alimony, and child support you deserve.

However, to help you achieve this, it’s crucial that you are honest and open with the Divorce Attorney you hire. Here you can learn about everything you need to let your divorce attorney know.

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Divorce is an emotionally-tasking and time-consuming process. You’re expected to make choices about nearly everything, from mundane details to highly sensitive issues. Some of these issues include debts that you took on your own and jointly with your partner. It would be best if you didn’t assume that filing for divorce will force the court to split the debts as you wish. Therefore, it’s essential to learn more about the debt and divorce process.

As part of a divorce judgment, courts divide the couple’s assets and debts and decide who should pay specific debts. While equality is the goal, the process of debt and asset division might change this ratio. For instance, if one partner gets more properties, that decision is likely to come with a set of obligations such as paying the taxes, utility bills, and other expenses linked to that asset.

Every state has specific laws regarding the division of assets and debts. Some states consider the debts and assets that each spouse acquired during the marriage period. In other states, the law considers every asset and debt to be owned equally. But if there is a prenuptial agreement, some elements of the property division process might change.

A divorce decree spells how each debt will be shared.

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Working with a highly-skilled family law attorney will have a huge impact on the outcome of your divorce. If you plan on seeking alimony, it’s imperative you work with someone who understands the laws surrounding spousal support and knows how to fight for the appropriate amount. As one of the top Boca Raton spousal support attorneys, Tina L. Lewert will work hard to protect your rights so the transition from divorce to single life is as easy as possible. Contact Lewert Law, LLC to schedule a free, confidential consultation.

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Divorce is an extremely emotional and stressful life event. It can also be very complex, especially if you have children or share assets with your spouse. Working with an experienced, board-certified Boca Raton Divorce Attorney is the best way to ensure your rights are protected and the terms of your divorce are fair.

Many people seeking divorce have never been through the process before and have no idea what to expect. This uncertainty can lead to added stress and frustration. You need someone in your corner with a deep understanding of Florida divorce and family law procedures.

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BOCA RATON ASSET DIVISION LAWYER

If your marriage is ending, there’s a good chance you and your spouse have marital assets that need to be divided. Asset division is one of the more complicated issues in any divorce. This is where negotiations often break down, meaning it could take weeks before your Boca Raton divorce lawyer and your spouse’s attorney are able to come to a settlement.

Under Florida law, the court presumes that assets and liabilities should be divided equitably between the parties and without regard to fault. However, “equitable” doesn’t necessarily mean equally. Dividing assets and debts during a divorce in Florida can be more complicated and confusing than you realize. That’s why you need an experienced Boca Raton asset division lawyer with specialized knowledge and considerable expertise in the division of assets and liabilities.

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The process of determining the custody rights of a separated or divorcing couple is a challenging and emotionally charged issue. Both parents have the right to maintain a healthy and close relationship with their kids. During a divorce, these competing rights might seem to be at odds.

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LEGAL GROUNDS FOR DIVORCE IN FLORIDA

In Florida, two grounds for dissolution of marriage exist. The first ground is the mental weakness of one of the parties, whereby such an individual was declared mentally unfit for the prior three years. The second ground is when the marriage is broken permanently. The court may take specific actions to seek dissolution of marriage when it is permanently broken, and a minor child has been produced from the union, or the Respondent’s Answer is that the marriage is not broken. Some of the court’s actions include:

Take action with the best interest of the minor child or children of the wedding and the parties.

Extends the proceedings to a reasonable time, not more than three months, to give room for the parties to change and reconcile.

Direct either both parties or one of them to consult with a rabbi, priest, minister, psychiatrist, psychologist, marriage counselor, or any other qualified individual acceptable to the parties and by the court order for consultation.

If you have not gone through the divorce process before and looking for an experienced and efficient divorce attorney, you need Board-certified Boca Raton Divorce Attorney Tina L. Lewert for any mental and family law Boca Raton.

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6 REASONS WHY YOUR PRENUPTIAL AGREEMENT (PRENUP) MIGHT BE INVALID IN FLORIDA

As up to 50% of all marriages in the United States end in divorce, signing a prenuptial agreement – also known as a prenup – is definitely not a bad idea. However, having a prenup is no guarantee that your funds and assets will be protected in the event of a divorce. Some prenuptial agreements can be invalid in Florida.

If you are planning to draft a prenup, do not do it yourself to avoid the risk of your prenuptial agreement being voided by a Florida court. You need legal assistance from a skilled Florida prenuptial agreement attorney to help you draft a valid and enforceable prenup that will set forth financial expectations for both parties.

Meanwhile, let’s review the common reasons why Florida courts might invalidate a prenuptial agreement.

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ENFORCING CHILD SUPPORT ORDERS AND COLLECTING OVERDUE PAYMENT IN FLORIDA

Supporting their children emotionally and financially is the desire of most parents, regardless of whether they are divorced or not. However, some parents go against the order of the court by refusing to pay child support. For custodian parents to collect past due payments and enforce child support orders, there are specific remedies and resources available for each state. If you want to know how you can enforce a child support order in Florida, you are in the right place.

You can consult Board Certified Boca Raton Child Support Lawyer, Attorney Tina L. Lewert, of The Lewert Law Offices, to assist you in navigating this challenging experience by offering legal representation and counsel in your child support case.

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What Is Considered Stalking In Florida?

Stalking is characterized as a pattern or series of malicious behavior over a specified period. It is more than someone lurking in an alley or a bush outside someone’s house. Apart from the fact that it must happen more than once, stalking also refers to different forms of harassment such as vandalism, repeatedly calling someone’s place or business or work, or even leaving unwanted written gifts or notes.

In Florida, stalking victims have a civil remedy in the form of restraining orders. Otherwise referred to as an order of protection, a restraining order is an official court-issued document necessarily requiring or ordering a stalker to refrain from pursuing or contacting a stalking victim.

Remember that if the court deems stalking to involve a ‘credible threat,’ the charge moves from stalking to aggravated stalking. In this case, a credible threat means that, in the stalking course, the stalker made threats relating to bodily injury or even death, complete to cause the victim to fear for his or her safety. A suspect calling you and telling you that he or she is inside your house and will kill you is an excellent example of aggravated stalking.

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DO YOU NEED FORMAL NOTICE FOR A RESTRAINING ORDER?

As a court order, a restraining order aims to protect you from someone who has hurt you from further harm. A restraining order can keep your abuser from the scene of the violence, stop the abuser from harassing you or keep the abuser away from you, including your apartment, workplace, or home. A restraining order doesn’t give the abuser a criminal record as it is a civil order. You must take action right now if you or someone close to you fears for their safety because of an abusive partner. Seek help from Boca Raton restraining order lawyer from Lewert Law, and they will assist you in stopping violence again in Broward County or Palm Beach County.

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Can You Modify Prenuptial Agreements After Marriage?

Couples can quite modify a prenuptial agreement at any time. However, both parties may also agree to any modifications made to the contract, just as both parties need to sign the prenuptial agreement As such, the process tends to be relatively simple if the couples have a mutual understanding to make specific amendments to their first prenuptial contract.