Top 4 Social Media Tips for Divorcing Couples

If you don’t think your social media can negatively impact your divorce, even after you have finalized everything with your ex, think again. Social media plays a large role in a person’s social life, and accordingly, their personal one too. If you are currently considering or preparing for a divorce, it is vital to monitor your social media use in order to protect yourself and your assets.

Continue reading to learn the top four social media tips for couples who are divorcing.

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Social Media Mistakes During Divorce

Divorce can be a stressful experience, which in turn can cause many people to behave in ways they normally wouldn’t due to the heightened emotions like anger and hurt. A common portal for people to unburden themselves with overwhelming feelings subsequent of splitting up is social media. Whether you are just checking in or posting thoughts, your social media usage can have detrimental effects on your divorce, even after your divorce has been finalized. This is especially true for contentious divorces.

Here is how you can ensure you are not incriminating yourself in any way on social media during your divorce:

Ⅰ. Do Not “Check-In”

The “check-in” features on certain apps and social media platforms, such as Facebook, are fun to use when you are not concerned about the public knowing your whereabouts and activities. However, during a divorce, you might not want your ex knowing you went on vacation or stopped in a certain night club. You wouldn’t want such information manipulated and used against you in court on child custody matters.

Ⅱ. Do Not Post Pictures of Partying

Another mistake that can be manipulated and used against you in court are pictures of you partying, drinking alcohol, and being hungover. In the case of having a contentious or distrustful ex, they might use your Instagram photos or Snapchat snaps to portray an image of you as an irresponsible parent, disrespectful spouse, or someone who has more disposable income than disclosed.

Ⅲ. Do Not Post Your Promotion or New Job

If you don’t want to go back to court to amend spousal support and child support orders, you may want to keep any job promotions, salary raises, and new high pay role positions under the radar. Otherwise, your ex could find out and decide to appeal your current alimony and child support orders, resulting in you paying more, and possibly for longer.

Ⅳ. Do Not Post Rants

Although it can be tempting to take to your social media and post videos, live streams, and written posts spilling your frustrations about your ex and the divorce process. But if you do, you can risk putting yourself in a bad position when it comes time for a judge to rule on important matters relevant to your divorce. It can also anger your spouse, and encourage them to be more contentious or vindictive.

A Florida Divorce Lawyer Who Can Help

Contact the Law Office of Shane T. Herbert at 407-887-7058 to get trusted legal advice about divorce from a seasoned Orlando marriage lawyer. Our Florida family law office is conveniently located in the Metro West area, within the Offices of Veranda Park, which offers free parking. And for your added convenience, office visits are not required for initial consultations! You can choose to have your first appointment over the phone or even video conference, if needed.

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Shane T. Herbert Law 407-887-7058

Shane T. Herbert Law Has the Florida Family Legal Advice You Need

Here at Shane T. Herbert Law, we are well-versed and seasoned in all areas of Family Law. We use a careful and focused approach to ensure your legal needs are being met with an unparalleled level of attention and achievement, making us your trusted source of professional legal advice and guidance. Whether you are considering divorce, curious about marital agreements, or confused about child custody, our family law firm has the knowledge to obtain the best possible results for your case.

Continue reading to learn more about us and how we can help you navigate your family legal needs, effectively and in a time frame that’s convenient for you.

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Orlando Family Law Attorney 407-887-7058

We Practice All Areas of Family Law in Florida

Family Law is an umbrella category of civil law that reflects a wide range of family and marital matters, including marriage, divorce, child custody, child support, alimony, and mediation. Here at Shane T. Herbert Law, our practice areas are comprehensive, ranging from basic family law matters, like name changes and mediation, to more complex ones, such as prenuptial and postnuptial agreements, same sex marriage, annulments, divorce, legal separation, child custody, timesharing, foreign judgments, paternity, step-parent adoption, and much more.

We Have What it Takes to Prevail For You

Regardless of the size or scope of your legal matters, we are fortified with the knowledge, resources, and motivation necessary to deliver the best possible results for your case. You see, we are an Orlando-based, client-focused family law attorney with a deep commitment to providing meaningful and helpful legal services for all types of families here in Central Florida, as we ensure that your family’s legal needs are protected and preserved. We take a focused approach by developing impactful, personalized legal strategies that best meet the needs of our client’s unique legal situation. After all, we strive to be your anchor through all of life’s legal ebbs and flows.

Contact Us Today!

Contact the Law Office of Shane T. Herbert at 407-887-7058 to get trusted legal advice from a seasoned family lawyer in Orlando, Florida. Our family law office is conveniently located in the Metro West area, within the Offices of Veranda Park, which offers free parking. And for your added convenience, office visits are not required for initial consultations! You can choose to have your first appointment over the phone or even video conference, if needed.

Orlando Family Lawyer 407-887-7058
Shane T. Herbert Law 407-887-7058

Who Gets Custody After a Divorce?

It is common for parents to have concerns about their children’s well-being and overall quality of life following a divorce. For this reason, child custody is often a focus prior to and during the divorce process. Both mothers and fathers want to know who gets custody, and how often the other party will get to see their children. Whether you are preparing to divorce, or have already started the process, you are wise to review your state laws regarding the dissolution of marriages.

Continue reading to learn how courts decide who gets custody after a divorce, and how visitation and time-sharing plans tend to work.

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Orlando Child Custody Attorney 407-887-7058

Who gets child custody, and the limits set forth for visitation, all depends on the presiding judge, the state laws governing divorce and child custody, and several other influential factors. However, there are some general trends in the court system that can help you better understand what to expect from your own divorce.

Primary Care-Takers

One of the most influential factors used by the family court system to assign custody of children after a divorce is the determination of the primary caretaker. A primary care-taker is the parent who customarily tends to certain basic needs of the children, such as bathing and grooming, meal prepping and cooking, driving, health care decision-making, basic skills teaching, educating and helping with homework, and planning and participating in recreational activities.

Best Interests’ of the Children

Regardless of who the primary caretaker is determined to be, courts will ultimately use the children’s’ best interests to rule on a child custody case. This means ending on a decision that will protect and promote a child’s joy, mental health, emotional development, and security. To do so, the family court system considers certain factors when evaluating and defining a child’s best interest, such as:

✤ Drug or Alcohol Abuse at Home
✤ Relationship Dynamic with Other Members of Household
✤ Mental and Physical Health of Parents
✤ Special Needs of a Child
✤ Stable Home Environment
✤ Adjustment to a New Community
✤ Child’s Own Desires

Child Custody in Non-Divorce Cases

There are many child custody cases that do not involve divorce. In the case that two unmarried parents go to court to determine child custody after parting ways, the same considerations and factors mentioned above will apply. However, most states generally give full custody to the mother in cases involving unmarried couples. Another possible example of a child custody dispute that does not involve married couples are cases of grandparent visitation rights.

Get Trusted Child Custody and Divorce Advice in Florida

Call the Law Office of Shane T. Herbert at 407-887-7058 for help with your divorce and child custody matters in Florida. You can trust our seasoned legal team to meet your family law needs, as our case results speak for themselves. Office visits are not required for initial consultations, as we are happy to provide them over the phone or even video conference, if needed. Contact our Orlando Family Law office at 407-887-7058 to learn what you need to know about resolving or addressing your family legal matters, swiftly and securely.

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Shane T. Herbert Law 407-887-7058

How to Determine if Collaborative Divorce Right For You

Not all divorces involve animosity and contention. Many couples have a long-history of love and respect for one another, and want nothing more than a fair and equal divorce. For such couples, there is a new, emerging trend in the field of alternative dispute resolution that supports this method of divorce. It is known as collaborative divorce, and it could very well be the solution your family is looking for.

Continue reading to learn some facts and legal principals surrounding collaborative divorce, including how to determine if it is right for you.

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Collaborative Divorce Lawyer Orlando Florida 407-887-7058

Collaborative Divorce Basics

In conventional divorce cases, spouses often view each other as opponents or enemies, which can set the tone for a challenging and contentious divorce process. In contrast, collaborative divorce is a non-adversarial, out-of-court approach to legally ending a marriage. It places the focus on finding solutions for family legal issues, rather than accusations and provocation, which helps achieve a mutual settlement without litigating. Overall, it tends to make the divorce process easier and produce a more positive outcome.

The Collaborative Law Process

In the collaborative divorce process, the divorcing couple works as a “collaborative team” alongside a single collaborative divorce lawyer who represents them both. In a safe and constructive environment, everyone works together to devise a divorce plan that is equally satisfying and fair to each spouse.

Prior to getting started, a written agreement is drawn up and signed by both parties in the presence of their lawyer to mark their promise to use trust and fairness when negotiating a resolution, and to disclose all information and documents relevant to their case. Once all divorce arrangements are agreed upon, both parties enter into a comprehensive and legally-binding written agreement that authenticates the details of the divorce and settlement.

Many people confuse divorce mediation with collaborative divorce since they are both forms of alternative dispute resolution. Although they are similar negotiation approaches, they are quite different. See our blog, “The Difference Between Mediation and Collaborative Divorce” to learn more about alternatives to dispute resolutions.

Benefits of Collaborative Divorce

There are various benefits to collaborative divorce, which is why it is becoming more and more popular in the legal field. Not only does collaborative divorce support and promote an ultimate resolution, it usually renders one quickly. Furthermore, divorcing collaboratively can save on legal fees since you share one collaborative divorce lawyer. Best of all, collaborating your divorce will spare you from stress and bitterness, and also protect your children from being exposed to the dramas of divorce.

When Making the Decision…

Although collaborative divorce has several benefits, it is not for everyone. It is important to discuss your divorce questions with a seasoned divorce attorney who can give you the information and counsel you need to make an informed decision. Keep in mind that, once the collaborative divorce process begins, if one spouse decides to pursue litigation rather than continue with collaboration, the shared collaborative lawyer will have to resign, and both spouses will have to retain new and separate representation.

Call an Orlando Collaborative Divorce Lawyer

Contact the Law Office of Shane T. Herbert at 407-887-7058 to speak with a seasoned collaborative divorce lawyer in Orlando, Florida. From traditional and collaborative divorce litigation, to alimony, child support, child custody, and everything in between, we can navigate all aspects of your family legal matters from start to finish. For your convenience, office visits are not required for initial consultations, as we are happy to provide them over the phone or even video conference, if needed.

Shane T. Herbert, Attorney at Law
Shane T. Herbert, Attorney at Law 407-887-7058

Top Legal Benefits of Marriage

Getting married is a monumental change in life, and therefore, a big decision to make. As a result, many people find themselves going back and forth on whether or not it’s time to get married, or at all, ever. This common indecisiveness and concern tends to stem from all the negative stereotypes of married life and the horror stories of divorce. But what many people seem to overlook are all the positive benefits of marriage, such as companionship and unconditional support. Even in a legal sense, there are advantages to being married.

In fact, continue reading to learn the top legal benefits of marriage.

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Orlando Marriage Attorney 407-887-7058

Before signing a marriage certificate, it is important to know exactly how it will change your legal circumstances. Fortunately, most changes that take place on a legal platform are positive, like tax benefits, financial benefits, and more.

Take a close look at some of the top advantages you can expect from getting married, below.

FINANCIAL BENEFITS

There are various financial advantages of being married. In terms of social security, you can receive your spouse’s benefits if you do not have any. You can also receive other benefits through your spouse, such as pension, Medicare, disability, veterans, and military. Individual Retirement Account (IRA) benefits are another factor to consider when weighing the advantages of marriage.

TAX BENEFITS

As a married couple, you are given certain tax benefits. For instance, you can receive unlimited marital tax deduction, which is the largest tax benefit of marriage. This means you can transfer assets to your spouse at any time, in any amount, tax-free. Another possible tax benefit is the option of filing taxes, jointly. This, however, this is not good for all couples. Two high earning couples would pay more in taxes.

HEALTH BENEFITS

There are several types of health insurance and medical advantages that come along with marriage. For instance, you can be added to your spouse’s health insurance policy, and receive their benefits. Additionally, family leave and bereavement benefits can be made available to spouses through their employer.

ADDITIONAL LEGAL BENEFITS:

☑ Paternity Benefits
☑ Legal Decision-Making Benefits
☑ Inheritance Benefits
☑ Medical Proxy Rights

Get Trusted Marital Legal Advice in Florida

Contact the Law Office of Shane T. Herbert at 407-887-7058 to speak with a seasoned family lawyer about marriage legal assistance in Orlando, Florida. Our office is conveniently located in the Metro West area, within The Offices of Veranda Park, with ample free parking. And for your added convenience, office visits are not required for initial consultations, as we are happy to provide them over the phone or even video conference, if needed.

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Shane T. Herbert Law 407-887-7058

Here’s the Very First Step to Filing for Divorce in Florida

If you have been considering divorce for some time, and have now finally come to the point of genuine readiness, you may feel a little defeated once you realize you have no idea how or where to get started. And this is important because your very first step is also the most important one. So continue reading to learn exactly what you need to do to ensure you obtain a successful divorce outcome.

When getting a divorce, there are hundreds of steps to take care of in the process. But that is not your job. Your only responsibility in filing for divorce is to retain experienced and reputable legal counsel. This is your very first, and only step you need to take. But finding a qualified divorce lawyer is not easy; and there are thousands to choose from in the state of Florida.

So how do you find the right divorce lawyer in just the right amount of time? The answer is dedication and effort. You must interview and research as many divorce lawyers in the area, study their credentials and amenities, and then compare them all to make a final choice. This is a lot of effort, and not something a person wants to take on when also facing the emotional and mental stress of divorce. The good news is, you can skip all the hassle and simply choose a trusted leader in divorce law.

Call Attorney Shane T. Herbert Today!

Shane T. Herbert, Attorney at Law
Shane T. Herbert, Attorney at Law 407-887-7058

His Promise To You

Attorney Shane T. Herbert is a hard-working, client-focused professional who has a true desire to help families of all kinds. He uses every resource in his power to ensure your family legal needs are met with the utmost attention and respect, and furthermore, preserved for a hopeful future. As a result, he has earned high accreditation and several other professional distinctions from Super Lawyers®, Avvo®, and more. He is there to ensure that you and your family’s needs are protected and preserved. We take a focused approach by developing impactful, personalized legal strategies that best meet the needs of our client’s unique legal situation. After all, we strive to be your anchor through all of life’s legal ebbs and flows.

⚖ Still not sure about divorce? Shane T. Herbert, Attorney at Law, is happy to answer all of your questions regarding marriage and divorce in Florida, as well as, discuss all of the alternatives available to you and your spouse.

Contact Us Today

Contact the Law Office of Shane T. Herbert at 407-887-7058 to get trusted legal advice and assistance for all legal matters related to divorce law in Florida, including prenuptial and postnuptial agreements. Our seasoned family law firm is based out of Orlando, and conveniently located in the Metro West area, within the Offices of Veranda Park, which offers free parking. However, office visits are not required for initial consultations, so you can inquire about your legal needs in the comfort of your own home. We can provide initial information over the phone or via video conference, such as Skype.

Orlando Family Lawyer 407-887-7058
Shane T. Herbert Law 407-887-7058

What You Want to Know About Florida Alimony Law

The discussion of alimony during divorcement is a challenging conservation to have for any one, regardless of the amiability of both parties. Whether you are simply considering a divorce, or ready to move forward now, there are some important facts you will want to know and understand about Florida alimony law. Continue below to review the basics of spousal support, spousal maintenance, and more.

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Orlando Divorce Attorney 407-887-7058

Florida Alimony Facts

Following a divorce, the law provides certain relief and security for the lower-earning spouse. This is referred to as alimony. Not only are there different types of alimony that can be awarded in divorce court, various factors influence the amount of money and time a spouse is ordered to pay the other. Such factors include the length of the marriage, the income and employment history of each spouse, the age of each spouse, structured settlements of property and assets, the presiding divorce judge, the skill of the representing divorce lawyer, and much more. However, additional factors, such as the primary roles during the marriage, the number of dependents shared, child support agreements, and spousal collaboration, can also affect alimony orders.

Types of Alimony

There are three common types of alimony that can be awarded in Florida divorce court, Temporary, Rehabilitative, and Permanent (also known as lump sum alimony) spousal support. See our blog, “3 Types of Alimony Awarded in Divorce Court” to learn pertinent details regarding each type of spousal support in Florida.

Temporary Alimony – Temporary alimony is a type of spousal support arrangement that ordered to be paid for a set, limited amount of time.

Rehabilitative Alimony – This is a type of spousal maintenance that allows the lower-earning spouse to go back to school or participate in vocational training in order to achieve financial independence.

Permanent Alimony – Permanent spousal support arrangements are rare, but when granted, remain in effect until the recipient of the alimony remarries, or until either spouse perishes.

Although spousal support is common in our state, the unfortunate truth is, it is still an unpredictable area of family law. There is no guarantee that a spouse will be granted alimony, nor is there a set spousal support schedule that divorce courts adhere to when granting such judgements. Unlike child support rulings, alimony is not calculated according to a precise, statutorily-defined formula. For this reason, it is vital that you retain the services of an experienced and trusted Florida divorce lawyer who can represent your best interests during and after your divorce.

A Trusted and Leading Florida Divorce Lawyer

Contact the Law Office of Shane T. Herbert at 407-887-7058 to get trusted legal advice and assistance for all legal matters related to divorce law in Florida, including prenuptial and postnuptial agreements. Our seasoned family law firm is based out of Orlando, and conveniently located in the Metro West area, within the Offices of Veranda Park, which offers free parking. However, office visits are not required for initial consultations, so you can inquire about your legal needs in the comfort of your own home. We can provide initial information over the phone or via video conference, such as Skype.

Shane T. Herbert, Attorney at Law
Shane T. Herbert, Attorney at Law 407-887-7058

The Difference Between Legal Separation and Divorce

Ending a marriage is a big decision, which is why it is in a couple’s best interest to understand all of their options before parting ways permanently. Aside from divorcing, a couple might choose to legally separate instead. Although both implemented under legal procedure, they are different types of marital arrangements.

Continue reading to learn the difference between legal separation and divorce, including Florida laws regarding both.

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Marriage Lawyer Orlando, Florida 407-887-7058

Divorce

Divorce is the legal dissolution of a marriage by a court. So when married couples divorce, they are legally terminating their marriage. After a divorce is finalized, each person is entirely disassociated with the other under law, including property, insurance, finances, and liability. Although most are familiar with the general facts of divorce, the laws surrounding it vary greatly among states.

Here in the state of Florida, there are three requirements to get a divorce. A spouse must show proof that the marriage took place. Then they must prove that they (or their spouse) were a Florida resident for at least six months prior to filing. And last, they must prove that the marriage is irreversibly and forever damaged. There are different types of divorce options as well, such as collaborative divorce and divorce mediation. See our blog, “The Difference Between Mediation and Collaborative Divorce” to learn more.

Legal Separation

Couples who want an alternative to divorce might opt for legal separation. Under the arrangement of legal separation, a couple remains married under law, but lives separately from one another. The details of legal separation vary from couple to couple, but all prohibit either spouse from remarrying or entering into a domestic partnership unless they terminate the marriage legally via divorce or annulment.

This progressive approach to splitting up is less severing than divorce, and ultimately, reversible. Unlike the commitment of divorce, legal separation allows a couple to split up without permanently changing any of their legal marital terms. This time can allow couples to decide whether or not divorce is ultimately the best decision for them. It can also provide the conditions necessary for couples to work through their problems, either individually or through marital counseling.

Keep in mind that legal separation is not permitted in all states. Here in Florida, the law DOES NOT recognize any legal documentation or marital separation. This means that if you and your spouse choose to separate, Florida law will not support any legally-binding arrangement made between the two of you if you decide to divorce down the line.

Not Sure if Divorce is Right For You?

If you are married and reconsidering your relationship, but are not ready to file for divorce, you may still have other legal options. Contact the Law Office of Shane T. Herbert at 407-887-7058 to get trusted legal advice from a seasoned Orlando marriage lawyer. Our Florida family law office is conveniently located in the Metro West area, within the Offices of Veranda Park, which offers free parking. And for your added convenience, office visits are not required for initial consultations! You can choose to have your first appointment over the phone or even video conference, if needed.

Orlando Family Lawyer 407-887-7058
Shane T. Herbert Law 407-887-7058

10 Questions You Should Ask When Choosing a Family Lawyer

Hiring a lawyer for any legal need is a careful task that requires the utmost attention. But when it comes to your family legal needs, the duty to ensure you choose the right lawyer is even more serious. Before hiring a family lawyer, it is important to ask them questions that will help you better understand their work experience, qualifications, ethics, and more.

Continue reading to review the top 10 questions you should ask a family lawyer to help you decide if they are the right fit for your case.

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Orlando Family Lawyer 407-887-7058

❶ How Long Have You Practiced Family Law in the State?

It is helpful to choose an experienced lawyer who focuses solely on family law. You wouldn’t want a criminal defense attorney representing your divorce, after all. Anywhere from eight to ten years of experience as a licensed attorney in family law is a good starting point.

❷ Can You Provide Client Testimonials?

A lawyer who can and will provide past client testimonials and case results is a good sign of integrity. It is wise to read through what other clients have to say about your potential lawyer in order to get a better perspective of how they work their cases.

❸ Do You Personally Handle Every Client’s Case?

Ask your potential lawyer whether or not they personally handle client cases, and if they will be handling yours personally as well. Although it is common for law firms to appoint more than one attorney to a case, or delegate certain duties to legal staff, it is comforting to know how much time they will be working your case themselves.

❹ How Many Cases are You Currently Handling?

Lawyers take on more than one case at a time, all the time. But some lawyers tend to overload themselves. As a result, they cannot put in the same level of attention to each case. If your potential family lawyer has handfuls of active cases, you may want to consider whether or not that matters to you, and whether or not it can affect the outcome of your case.

❺ Do Your Cases Typically Settle In or Out of Court?

Be sure to ask lawyers about their case results. It is helpful to know whether or not their cases usually settle out of court, or if they tend to go to trial. Lawyers who have experience with both are a good choice, but you don’t want to choose a lawyer that is “litigation happy”, meaning they opt to go to trial too often.

❻ What is Your Payment Rate and Procedure?

Your potential family lawyer should have full transparency when it comes to how and how much they charge for their services. First, ask if they require a retainer, or if they charge by the hour. Then be sure to ask if there are any other fees you need to know about, upfront, such as filing fees, court costs, and similar expenses.

❼ Do Your Rates Change if Someone Else Works My Case?

After you have a full understanding of how much your possible family lawyer charges and how they charge it, you want to ask them whether or not that payment arrangement changes if someone else works on your case. This might include secretaries, assistants, paralegals, and other legal staff members.

❽ How Do You Communicate With Your Clients?

As a legal client, you want convenience and consistency when it comes to communicating with your lawyer. So feel comfortable asking a potential attorney how and how often they communicate with their clients. Some lawyers don’t always require office visits, and instead, can carry out consultations and meetings over the phone or via Skype.

❾ How Do I Contact You During My Case?

After learning the communication efforts and practices of your potential family lawyer, ask them how you will personally be contacting them during your case. Optimally, you want them to provide a phone number and email address. If using a phone, you may want to ask them if text messaging is an acceptable form of communication.

❿ What Do You Expect From Your Clients?

When working with a lawyer on a family-related legal case, you are a team. For this reason, a family lawyer might have certain expectations for their own clients. It is good to know these expectations ahead of time to gauge whether or not the lawyer is a good fit.

The Orlando Family Lawyer to Choose

Contact Attorney Shane T. Herbert at 407-887-7058 to get trusted legal advice from a seasoned family lawyer in Orlando, Florida. You can choose to have your first appointment over the phone or even video conference, if needed. If you choose an in-office visit, our family law office is conveniently located in the Metro West area, within the Offices of Veranda Park, which offers free parking. We look forward to helping you resolve your family legal matters!

Shane T. Herbert, Attorney at Law
Shane T. Herbert, Attorney at Law 407-887-7058