Top Legal Benefits of Marriage

Posted on October 15, 2019 by shanelaw2019

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.

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.

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

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

Posted on October 11, 2019 by shanelaw2019

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 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.

What You Want to Know About Florida Alimony Law

Posted on October 8, 2019 by shanelaw2019

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.

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

The Difference Between Legal Separation and Divorce

Posted on October 4, 2019 by shanelaw2019

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.

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.

10 Questions You Should Ask When Choosing a Family Lawyer

Posted on October 1, 2019 by shanelaw2019

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.

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!

Are Child Custody, Visitation and Timesharing the Same?

Posted on September 27, 2019 by shanelaw2019

Terminating a marriage that involves mutual children can bring about a lot of anxiety and uncertainty related to litigation when it comes time to decide where the children will live and under what circumstances they will see the other parent. Fortunately, a divorce decree is a helpful tool that sets in place certain child custody limitations and allowances for both custodial parents, all in the best interests’ of the children.

To help relieve such stress and confusion regarding your child custody divorce decree, it is helpful to understand the current and accepted terminology surrounding child custody cases. Many couples use the terms child custody, visitation, and timesharing, interchangeably, but these are not all current nor universally-accepted terms in the area of law.

Continue reading to learn the difference among child custody, visitation, and timesharing, as well as, where you can request personalized guidance for your family legal matters.

Orlando Child Custody Attorney 407-887-7058

Child Custody Legalese

Any type of legalese, or law-related jargon, can be confusing to the average person. So it is no surprise the parents find themselves in a panic when trying to understand the difference between visitation and timesharing. Are they the same thing? Is child custody different from visitation? These are all relative and pertinent questions you should be asking yourself when facing a divorce that involves sharing (or not sharing) child custody. That is because it is important to learn more about Florida child custody before entering into any agreement so that you can be better prepared for your hearing’s outcome.

Florida Uses the Term, Timesharing

Here in Florida, the accepted legal term is timesharing. The terms custody and visitation are no longer used by the courts. Instead, the Florida Statutes require that Courts implement a Parenting and Timesharing Plan for divorcing or separating married couples. There are two types of child custody that the state of Florida recognizes: physical custody and legal custody. Physical custody refers to the actual residence of the child, whereas legal custody refers to who can make major decisions regarding a child’s upbringing. A Parenting and Timesharing Plan is intended to govern how a child’s time will be distributed between two custodial parents, as well as, how important decisions regarding a child’s life will be made.

Variable Custodial Arrangements

Although there are two primary categories of custody, there are several different kinds of custodial arrangements that can be made depending on family’s particular circumstances. For instance, both parents can share legal custody while one maintains primary physical custody and the other has timesharing rights, or one parent can have sole legal and physical custody. It is strongly encouraged to seek professional legal advice for your particular child custody legal matters in order to obtain the best possible outcome for you and your children.

Florida Child Custody Advice You Can Trust

Contact the Law Office of Shane T. Herbert at 407-887-7058 to get trusted legal advice regarding Florida child custody and related family matters. Family attorney, Shane T. Herbert, specializes in divorce, including collaborative divorce and child custody time-sharing. 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 Orlando family law office is conveniently located in the Metro West area, within the Offices of Veranda Park, which offers free parking.

Can Same Sex Couples Be Denied a Wedding Venue?

Posted on September 24, 2019 by shanelaw2019

Marital rights have certainly come a long way from the time the Supreme Court legalized interracial marriage in 1967 in Loving v. Virginia. Since the 2015 Obergefell v. Hodges ruling, same sex marriage has also been legal in all 50 states. But this nationwide ruling does not stop all who oppose from discriminating against same-sex couples. There have been many cases of wedding vendors refusing to accommodate homosexual couples, using religious objections as an excuse. Is this legal?

Continue reading to find out more about this unfortunate, ongoing problem, including what you can do if you are a victim of similar marital discrimination.

State Laws vs. First Amendment Rights

Wedding venues, photographers, and even planners have gone on record to say they will not work with same-sex couples. Although many states have anti-discrimination laws in place, sadly, some Federal courts approved the decision to refuse service based on religious beliefs. For example, a baker in Colorado refused to make a wedding cake for a gay couple.

As a result, the couple joined forces with the Colorado Civil Rights Commission, who alleged the baker was in violation of the state’s anti-discrimination laws. The Court did not rule that business owners have the right to refuse service to homosexual couples, however, they did rule in favor of the baker based on his 1^st Amendment rights. The court decided that 1^st Amendment rights trump state anti-discrimination laws.

Unfortunately, business owners all across the country continue to discriminate based on religious objections. More recently, a Mississippi interracial couple were denied service at a wedding venue, who claimed providing service would go against their religious beliefs. They actually stated, “[W]e don’t do gay weddings or mixed raced (weddings) because of our Christian race, I mean our Christian belief.”

Are You a Victim of Marital Discrimination?

If you have been denied service by a wedding vendor, or discriminated against as a result of your race, religion, or sexual preference, it is strongly encouraged to discuss your incident with a seasoned marital lawyer who specializes in discrimination cases.

Where to Get Marital Legal Assistance in Florida

Learn What You Need to Know About Legal Guardianship in Florida

Posted on September 20, 2019 by shanelaw2019

Guardianship can refer to the legal custody of a non-biological child, disabled adult child, or an incapacitated adult. This generally becomes a litigious matter when a parent (or current caretaker) passes away or fails to meet the legal standards for guardianship. Common forms of establishing guardianship include adoption, foster care, and guardian ad litem (GAL), which is a court-appointed volunteer who represents the interests of a child. In other circumstances, individuals are looking to relinquish guardianship, emancipate themselves from guardianship, or protect themselves in cases of surrogacy and child reproductive rights.

Regardless of whatever guardianship matters come your way in life, it is wise to retain legal counsel from a seasoned Orlando family lawyer you can trust for intelligent and practical solutions that work for you.

Orlando Child Custody/Child Support Lawyer 407-887-7058

Who to Trust for Family Legal Advice

Here at the Law Office of Shane T. Herbert, we provide comprehensive guardianship legal representation for families of all types here in Orlando, Florida. From general guardianship actions and modifications, to adoption, foster care, emancipation, reproductive rights, surrogacy, custodial rights, and more, we are your trusted source for preserving your family’s best interests. Whether you wish to adopt your step-child, enter into a foster care initiative, or obtain guardianship for a senile parent with Alzheimer’s, our law firm retains the knowledge and means to ensure your case is as successful as possible.

Our primary guardianship practice areas include, but are not limited to, adoption, step-parent adoption, second parent adoption, same sex couple adoption, foster care, emancipation, guardian ad litem, reproductive rights, surrogacy, and more.

Get In Touch Today

Contact Shane T. Herbert Law, LLC at 407-887-7058 to learn what you need to know about child custody and support in Orlando, Florida. You may also submit a free email, and we will get back to you shortly after. For your added convenience, office visits are not required for initial consultations, as we are happy to provide them over the phone when scheduled.

Will Filing for Bankruptcy Affect My Divorce?

Posted on September 17, 2019 by shanelaw2019

No one ever says divorce is easy. That is largely because the process of ending a marriage takes a toll on most people, both emotionally and physically. But divorce can also impact other vital aspects of a person’s life, such as finances, especially if a divorcing couple is already in the midst of financial struggles or rehabilitation. One such example is bankruptcy.

Continue reading to learn how filing for bankruptcy might affect the outcome of a divorce, as well as, where to get trusted legal advice on protecting your assets following a dissolution of marriage in Florida.

Filing For Bankruptcy

Bankruptcy cases will affect assets and liabilities of a divorcing couple. It will also affect child and spousal support orders, and much more. For this reason, it is vital to hire a seasoned divorce lawyer who can help you understand what to expect from the overall dissolution of marriage process if you are facing bankruptcy.

There is more than one type of bankruptcy filing. The type a couple chooses for their financial recovery mostly depends on how much disposable income each spouse has left after paying all expenses. The type of bankruptcy filing chosen is further influenced by a divorce since such factors might be included in the filing.

Chapter 7 Bankruptcy

When a couple does not have enough disposable income to pay off their debt, and they do not own a business, they will likely file for Chapter 7 Bankruptcy. This process can take anywhere from 6 to 8 months, or longer, depending on the unique circumstances of a couple’s finances. When divorcing, Chapter 7 Bankruptcy can be completed either before or during the proceedings. However, it is strongly encouraged that each spouse finalize their bankruptcy filings separately, before filing for divorce, so that financial debts do not complicate the divorce settlement.

Chapter 13 Bankruptcy

Chapter 13 Bankruptcy is another type of bankruptcy filing option, which can take several years to complete; usually between three and five years. In such cases, it is wise to finish all Chapter 13 filings before starting the divorce process because it can drastically complicate and prolong the divorce proceedings. For instance, if a spouse, or both, own a business, filing bankruptcy prior to divorcing can ensure that the debts of the company are managed separately from the interests of the divorcing spouses.

Where to Get Divorce Legal Advice in Florida

Contact the Law Office of Shane T. Herbert at 407-887-7058 to speak with a seasoned family lawyer about getting a divorce in Orlando, Florida. From marriage and divorce, 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.

Frequently Asked Questions About Legally Changing Your Name

Posted on September 13, 2019 by shanelaw2019

Whether you are marrying, divorcing, or simply wanting to take a new direction in life, a name change could be on your impending to-do list. If so, it is important to understand what will be expected of you in the process of legally changing your name, as well as, how to do so in the most secure way possible. After all, changing your name under law is a serious undertaking that requires certain legal obligations and commitments. So be sure you are fully ready and well-equipped before moving forward with the process.

Start by reviewing some of the most frequently asked questions about legal name changes, below.

How Do I Change My Name After Getting Married?

In almost all states, in order to change your name legally after getting married, you have to file a petition with the court. In some states, all you have to do to change your last name to your spouse’s is submit a certified copy of your marriage certificate. Florida happens to be one of these states. Overall, the process involves various petitions, forms, deadlines, court hearings, and more. It also includes submitting a social security card application (Form SS-5) with the Social Security Administration (SSA), and then visiting the Florida Department of Highway Safety and Motor Vehicles (DHSMV) for an updated drivers’ license, vehicle title, and registration. There, you will also need to submit Form DS-5504 for a new passport.

How Do I Change My Name After Getting a Divorce?

The process of changing your name after a divorce is exactly the same as the process you took to change your name after getting married. Another option is to ask for your name to change back to your former name in your final divorce decree. In this case, all you would need to legally change your name on all of your official documents is a certified copy of the divorce decree. However, this varies independently from case to case, so always check with your trusted family lawyer before checking a name change off your to-do list.

How Much Does it Cost to Legally Change My Name?

The cost to change your name legally varies from state to state, and case to case. The average cost of legal name changes typically falls between $100 and $400. Possible payment obligations when legally changing your name might include court filing fees, fees for certified copies, attorney fees, newspaper notice fees, birth certificate name change fees, DMV fees, and more.

Which Documents Do I Need to Change My Name On?

All your official documents will need to show your name change. First priorities include passports, social security cards, and drivers’ licenses. You can add in your birth certificate too. After your name is changed, you will need to update your social media, office tags, airline reward profiles, and more.

Do I Need a Lawyer to Legally Change My Name?

Although a name change is mostly a straightforward process, for the average person, the petitions, paperwork, proofs, deadlines, and court appearances (yes, you’ll likely have to attend court to change your name) can be incredibly complicated and overwhelming. Not only is the process complex, it is important that it is carried correctly and congruently across the board. Documents like passports, professional licenses, drivers’ licenses, permits, social security cards, birth certificates, and more, are critical. For these reasons and more, it is strongly encouraged to hire a family lawyer to help you with the legal name change process. They are the solution to getting the task done right, the first time around.

Where Can I Get Name Change Legal Services in Florida?

Call the Law Office of Shane T. Herbert at 407-887-7058 for help with legal name changes in Orlando, Florida. From marriage and divorce, to alimony, child support, child custody, and everything in between, we can navigate all aspects of your family legal matters from start to finish. Our office is conveniently located in the Metro West area, within The Offices of Veranda Park, with ample free parking. However, office visits are not required for initial consultations, as we are happy to provide them over the phone or even video conference, if needed.