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Seminole County Florida Divorce Law Blog

Are you making these common property division mistakes?

The months leading up to a divorce can be a hectic time for many Florida residents. Faced with a seemingly insurmountable list of to-do items, many spouses do not know where to begin. Fortunately, there are a number of common property division mistakes that are easy to avoid for spouses who are willing to take the time and make the effort to prepare for their divorce.

One way to avoid a negative outcome is to take financial precautions as the end of a marriage nears. This is especially true for spouses who are able to see a divorce coming years ahead of time, but who are not yet willing to pull the plug on their marriage. Setting aside sufficient funds to cover initial divorce expenses is important, and is a great way to ensure that the process gets off to a good start.

Could Trump presidency lead to property division?

Many Florida couples are aware that ending a marriage involves the division of marital assets. For some, however, these property division tasks arise based on marital disputes over ideological issues. Recent research suggests that the Trump administration is a topic that has led couples to consider divorce. While divorce is a reality and is often the best course of action for a couple, it is always sad to hear of unions that dissolve because of disagreement over deeply held political beliefs.

A recent survey conducted by Wakefield Research asked 1,000 respondents about their personal relationships. Researchers found that nearly a quarter of respondents reported disagreement with a partner centered on political matters. Even more astounding, 42 percent of Millennials that were surveyed reported relationship struggles based on politics.

YouTube videos lead to loss of child custody rights

Ask most Florida residents what they think of YouTube, and you are likely to get very distinct responses. People seem to either love or hate the video platform, but there is little question that YouTube is here for the long haul. In fact, there are people who are making a very respectable living on the site, even if the content that they are creating is not quite so respectable. An example is found in the case of a couple who have lost their child custody rights after posting controversial YouTube videos.

The couple have made a considerable amount of money through their YouTube videos, many of which are laced with profanity and often feature their children. Perhaps the most controversial content on their YouTube channel, which is known as "DaddyOFive," is footage in which they play seemingly cruel pranks on their five kids. One of those pranks involved convincing a young boy that he was going to be put up for adoption. Others showed the couple encouraging the kids to beat each other up.

InfoWars host loses contentious child custody fight

Some Florida readers are familiar with the work of Alex Jones, the controversial voice behind the show InfoWars. Jones has reached a certain level of fame with his bombastic and often seemingly unhinged views on various matters. His show is rife with conspiracy theories and assertions that go against common knowledge on a wide range of subjects. Jones was recently in court fighting his ex wife for child custody of their three children.

In court, his wife claimed that Jones was the same person off the air as he is while creating his show. She asserted that he was unstable and unfit, and showed a video clip of Jones smoking marijuana while taping a podcast, as well as footage of a drunken rant during the Trump inauguration. She also claimed that their children were present during some InfoWars production efforts.

After property division, attack credit score repair

It is not uncommon for Florida residents to experience a dip in their credit scores immediately after a divorce. The end of a marriage will bring about a number of changes to the financial standing of both spouses, and the property division process may require certain accounts to be closed or divided. Having solid credit scores is important, but the good news is that it is relatively easy to boost one's score.

The best place to begin is by checking a current credit report from all three bureaus. Take care to follow up to ensure that the other party's name has been removed from the proper accounts, or that one's own name has been removed, as agreed upon in the property division settlement. Next, determine how many open credit card accounts exist. Financial experts claim that consumers should have between three and five open accounts in order to maximize credit scoring.

Protecting property division interests during separation

There are times when Florida couples decide to pursue a marital separation. That decision often comes as an effort to take some time to think about the marriage, and to figure out the best path forward. Many people who go through a separation take that time to work on their relationship, and reunite with a much stronger bond; others eventually move toward divorce. When considering a separation, it is important that both spouses take steps to protect their property division interests in the event that a divorce is the ultimate outcome.  

The best place to begin is by meeting with a divorce attorney to discuss all available options. An attorney can also help to create a document that outlines what is expected during the separation. That can go a long way toward ensuring that both parties are on the same page, and avoid a great deal of contention if the marriage ends in divorce.

Judge suspended after controversial child custody move

Few things are more stressful than having to defend one's parental rights in a court of law. For parents who are faced with such a challenge, it is absolutely critical to secure legal counsel as soon as possible. One extremely distressing child custody case highlights the need to fight for the best interests of a child, whether in Florida or elsewhere.

The case centers on the removal of a set of twins from their parent's home. The twins were placed in foster care after a judge found that they had been subjected to domestic violence between their parents, and also subjected to neglect. They and their half-sister were placed into the care of the same foster family.

Could Trump policies lead some to pursue a prenuptial agreement?

Love him or hate him, President Trump has certainly shaken up many aspects of American life. For some Florida residents, the policies and priorities of the Trump administration have led to changes in their personal plans. Many couples in which one party is a foreign national are considering marriage in order to ensure that they can remain together on American soil. For some, a prenuptial agreement is part of that plan.

Attorneys report an increase in the number of couples who are coming in to ask about creating a prenup to meet an accelerated timeline for their marriage. Many of these couples feel that a prenuptial agreement is a solid financial planning device, but are now under time constraints due to fears of deportation. Unfortunately, drafting and signing a prenuptial agreement is something that really truly shouldn't be rushed.

Timing can greatly impact property division

One of the most common questions that Florida residents have about divorce involves matters of timing. Understanding when to contact a divorce attorney and when to initiate a divorce filing are critical to a successful outcome. Those spouses who are well-prepared are often able to gain an advantage when it comes to matters of property division.

In short, the answer to the question of when a spouse should contact a divorce attorney is well in advance of actually taking steps to end the marriage. It may seem underhanded or devious to contact a divorce attorney before one spouse is aware that the marriage is reaching its end. However, it should be noted that simply contacting an attorney is not the same as filing for divorce. Spouses can and do change their minds after speaking with an attorney, and go on to repair their marriage.

Child custody determinations can be groundbreaking

When Florida parents are unable to come to terms over the care and custody of shared children, the matter often goes before a court. The court is then tasked with making child custody determinations based on the limited information presented. In some cases, the outcome can be far different from what the parties intended, and can sometimes even set legal precedent. Such is the case in a recent ruling focused on a family's alternative lifestyle.

The case centers on a man and wife who wanted to add to their family. They met a woman in a neighboring home, and began having intimate relations with her as a couple. Over time, the three individuals began living as a family, and the neighbor became pregnant. Although the parties agreed to raise the child together, things changed about a year after the little boy was born.