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.

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

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.

FAQS About Marital Agreements

Posted on September 6, 2019 by shanelaw2019

Whether you are preparing to marry or already have, you may be wondering about your options for implementing a marital contract. Such contracts are commonly referred to as prenuptial and postnuptial agreements, both of which can provide a long list of benefits for both spouses who may be entering into or leaving a marriage. If you are considering seeking out a marital agreement, even if you have already wed, you have few options to choose from. However, your options will depend on a wide range of factors, including the state you live in, the congeniality between you and your spouse, and more.

To help you better understand the concepts of prenuptial and postnuptial contracts, review the most frequently asked questions about marriage agreements, below.

Orlando Prenuptial Agreement Lawyer 407-887-7058

What is a Prenuptial Agreement?

Also called a prenup, a prenuptial agreement is a type of marital contract between two spouses that establishes rights to finances and property in the case of divorce. This contract is formed BEFORE a couple weds, hence the prefix.

What is a Postnuptial Agreement?

Also called a postnup, a postnuptial agreement is a type of marital contract that is formed AFTER a couple weds. Just like a prenuptial agreement, this contract is made between two spouses and establishes rights to finances and property in the case of divorce.

Do I Need a Premarital Agreement?

Most people think the purpose of a marital agreement is to protect the assets of the wealthier spouse, but they can also serve several other functions, such as protecting family businesses, inheritances, and more. In fact, some commonly seen clauses in prenup and postnuptial contracts are debt protection, savings contributions, finance and property division, clarification of financial responsibility, alimony, asset protection (businesses, family heirlooms, etc.), retirement, tax return filings (income, deductions, claims, etc.), life insurance and benefits after a death, and more. Talk to a Florida family lawyer for help deciding whether or not a marital contract is right for you.

Why Do Married Couples Get a Postnup?

Postnuptial agreements can also be used as amendments or terminations of prenuptial agreements. Sometimes, wedded couples change their minds down the road and choose to revise their marital contracts. Other times, couples feel an impending divorce and wish to streamline the process while also minimizing legal expenses. Additional examples include revisions to child inheritance protection, debts taken on during the marriage, changes to financial contributions (working wife converts into stay-at-home mom), and more.

What Makes a Marriage Contract Valid Under Law?

Overall, in order for a marital agreement to be valid and recognized under law, it must be in writing, signed by both spouses, and officially notarized. A prenup might be deemed invalid if it were forcibly signed or not read in full prior to signing. This could happen when a spouse misleadingly hands the other a large packet of documents containing the marital agreement and has them sign and date all of them at once.

Can I Make My Own Marital Agreement?

You can choose what you wish to add to your marital contract, so long as the other party agrees and it is within the law. However, it is not recommended to draw up your own without the help of a licensed attorney. Not only are marriage contracts very serious, there several requirements that must be met in order for them to be binding under law, making them incredibly complex as well. Furthermore, some states do not allow spouses to share marriage lawyers, so in some cases, each spouse will have to retain their own legal counsel. Even if your state allows you to share a lawyer, it is not recommended. Retaining separate legal counsel better protects your rights and liabilities.

Can Anything Be Added in a Nuptial Agreement?

Every state has a set of laws that regulate what can and cannot be put into a marriage contract. In general, some common restrictions include child support or child custody decisions, illegal acts, alimony waivers (Some states allow a souse to give up their alimony rights, although they look down on it or set limits.), financial incentives for divorce, and personal matters that are not financial.

Where Can I Get Help With a Marital Agreement in Florida?

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 marital 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.

The Do’s and Don’ts of Divorce

Posted on September 3, 2019 by shanelaw2019

Not all divorces are guaranteed to be easy. However, you can do your part to ensure the best possible outcome of your divorce by avoiding negative choices and taking positive steps in the right direction. To help understand how to achieve this resolve, continue reading to learn the most important do’s and don’ts of divorce.

Divorce Attorney Orlando, Florida 407-887-7058

What You Should Never Do During a Divorce

Making bad or impulsive decisions during a pending divorce can render a long list of challenges for both you and your divorce lawyer. Not only can it increase your personal stress, it can make it more difficult for your lawyer to represent you and it can displease your presiding judge.

To ensure you do not make any mistakes or poor choices when legally terminating your marriage, follow these important DON’TS of divorce:

❌ Do not make any large purchases, such as a house or car.

❌ Do not hide property or other assets.

❌ Do not give away property or assets as gifts.

❌ Do not withdraw cash for unauthorized purchases.

❌ Do not move out of the country.

❌ Do not withhold information during the discovery stage.

❌ Do not post about your life or divorce on social media.

❌ Do not remove your spouse off of your insurance policies;

❌ Do not turn off utilities to spouse’s home.

❌ Do not bad-mouth your spouse to, or in the presence of, your children.

❌ Do not violate any custody arrangements or court orders.

❌ Do not make threatening remarks to your spouse or anyone else.

❌ Do not get in trouble with the law.

What You Should Do

In addition to avoiding certain errors of judgement or impulsive behaviors, you can take the initiative to do things that will improve the divorce process. These tips will help speed up the timeline and get more of what you want out of a divorce.

✅ Hire a divorce lawyer to represent your case.

✅ Understand all the options for dissolution of marriage in your state.

✅ Ask your attorney many questions to fully understand your situation.

✅ Fully disclose all information regarding assets, income and finances.

✅ Be reasonable and fair with your spouse;

✅ Cooperate with court orders and mediation;

✅ Communicate respectively and effectively with your spouse pertaining to kids’ schedules and visitation times.

✅ Support your children as much as possible through the process.

✅ Stay off of social media.

Not Quite Ready to Get a Divorce?

If you are not ready to file for divorce just yet, there are some other options that might be a better fit for your family. Talk to a licensed divorce attorney who can provide trusted advice and guidance on all your family legal matters related to marriage and separation. They have the knowledge and experience to represent the best interests of both you and your family, regardless of your definitive decision.

Contact Our Florida Divorce Law Firm

Call Attorney Shane T. Herbert at 407-887-7058 to get trusted legal advice from a seasoned divorce 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.

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

How Much Does it Cost to Hire a Divorce Lawyer?

Posted on August 30, 2019 by shanelaw2019

When making the decision to file for divorce, one of the main concerns is finances. As a result, the first question couples tend to ask themselves is how much it’s going to cost to hire divorce lawyers. But like the decision to end a marriage, the answer to this question is complicated. There are many variables that influence how much it will cost to have an attorney represent your divorce filing.

Continue reading to learn some facts that might help you better understand what to expect in terms of paying for a divorce lawyer.

The Cost of Divorce

Divorce alone can put a financial stress on a family. So the concern about paying for a lawyer, especially if each spouse is retaining their own counsel, is a common one. The amount of money ultimately spent for a divorce lawyer depends on several factors unique to a client’s case. This means that divorce lawyer costs will vary from client to client. Factors that commonly influence the total cost of a divorce lawyer include, but are not limited to, the law firm’s payment rate business model, your place of residence, the relationship with your spouse, whether or not the divorce is being contested, and more.

For instance, if you are on friendly terms with your spouse, you have no children, nor own any property, a divorce should be relatively quick and inexpensive. In contrast, if you are in contention with your spouse and you have children and shared owned assets, it could take more time and effort to complete a divorce.

Here are Some Facts You Can Rely On

According to forbes.com, the average cost of divorce in the United States is around $15,000, most of which is allocated to legal fees. Keep in mind that this is just the average. After all, the American Psychological Association confirms that virtually 50 percent of marriages in our country result in divorce. Some couples pay as little as $1,000, while others have paid millions.

Attorney fees play a large part in how much you pay for a divorce, but they are not all the same. Divorce lawyers can charge anywhere from $75 an hour to $500 an hour. A lawyer can charge more for more complex and challenging divorces, or less for turn-key divorce solutions. On average, you can expect a divorce lawyer to charge around $250 an hour, but this varies among law firms, and from state to state.

For instance, a divorce lawyer on Rodeo Drive will likely charge more than one in Bowling, Ohio. Furthermore, it is important to know that most lawyers charge in increments of six minutes or less, which means that any simple lawyer-client interaction will cost you money. This includes phone conversations and possibly emails. Always ask your divorce attorney about their billing model to know exactly what and when you will be billed.

Cost-Saving Divorce Alternatives

There are several ways a couple can divorce in a cost-efficient manner. Two popular approaches are collaborative divorce and mediation. See our blog, “The Difference Between Mediation and Collaborative Divorce” to learn more about both options. Also, being more agreeable and making more compromises with your spouse helps make a divorce faster, which in turn makes it cheaper. Talk to your divorce lawyer about payment plan options, and advice on how to budget a divorce expense.

Ask a Trusted Orlando Divorce Lawyer

Contact the Law Office of Shane T. Herbert at 407-887-7058 to get trusted legal advice from a licensed divorce attorney 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.

The Difference Between Mediation and Collaborative Divorce

Posted on August 27, 2019 by shanelaw2019

In last week’s blog, we discussed the various benefits of divorce mediation, including how it serves as an alternative to divorce court. As assured, in today’s blog we will discuss the difference between divorce mediation and collaborative divorce. Many divorcing couples are confused about these two legal processes, so clarifying some pertinent facts about each divorce option is an important step to making the right choice for terminating your marriage.

Continue reading to learn the difference between mediation and collaborative divorce, including advice on how to choose which route is right for you.

Orlando Collaborative Lawyer 407-887-7058

Divorce Mediation

Mediation is a method used in the dissolution of marriage to negotiate all facets of legally terminating a marriage. Such facets might include money, assets, spousal support, property division, child support, child custody, and more. Normally, mediation involves a group effort that includes each spouse, both of their private divorce attorneys, and a mediator. A mediator is a neutral third party that is hired to discuss, negotiate, and resolve all matters related to a divorce. Your divorce attorney can refer a certified mediator, or you can hire one personally. To learn more about mediation and divorce, review our aforementioned blog, “The Benefits of Divorce Mediation.”

Collaborative Divorce

So how does mediation differ from collaborative divorce? Well, there are many aspects of collaborative law that separate its practices and methods from divorce mediation. Rather than hiring a mediator and two separate divorce lawyers, collaborative divorce is an approach in which divorcing couples hire a solitary collaborative divorce attorney who is specially-trained and experienced in collaborative practice.

Similar to a mediator, a collaborative divorce attorney will work with both couples simultaneously to resolve all aspects of a divorce and reach a settlement agreement. In contrast to a mediator, a collaborative divorce lawyer can also handle all legal processes of divorce as well, and set all agreements and settlements into motion. It is somewhat like hiring a divorce lawyer and mediator in one. Couples who are divorcing amicably or wish to divorce with full cooperation are well-suited for this option.

Where to Get Legal Advice for a Dissolution of Marriage in Florida

Contact Attorney Shane T. Herbert at 407-887-7058 to get trusted legal advice from a seasoned collaborative divorce 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.

The Benefits of Divorce Mediation

Posted on August 23, 2019 by shanelaw2019

Divorce is never easy, but there are several strategies that can improve the process for both parties. Once such method is known as divorce mediation, and it has become a popular and successful alternative to divorce court. If you are currently entering into the divorce process, take some time to consider whether or not mediation is a good fit for you and your spouse.

Start by reviewing some of the well-regarded benefits of divorce mediation, below.

What is Mediation?

Mediation is a common method of negotiating all aspects of a divorce, including finances, alimony, property division, child support, timesharing, and more. Generally, mediation involves the group effort of both spouses and their respective divorce lawyers, as well as an appointed, neutral third party called a mediator. During mediation, the mediator will sit down with each spouse and their lawyer to discuss, negotiate, and resolve all matters related to the divorce.

Keep in mind that it is not the job of the mediator to make any decisions for either spouse. Instead, they are there to work as a neutral facilitator to the decision-making process. Ultimately, their purpose is to help organize and encourage a mutually-beneficial agreement between both spouses in an effort to avoid divorce court. If you are preparing to divorce, mediation is a wise consideration because there are so many benefits when compared to the conventional divorce court process.

Top Divorce Mediation Advantages:

⚖ Mediation is Cheaper. Mediation is much less expensive compared to the traditional divorce court route. Not only do you evade court costs and most filing fees, you are not subjected to the discretion of the court when it comes time to determine who gets what.

⚖ Mediation is Private. Unlike divorce court that keeps a public record of everything, mediations are confidential. You do not have to worry about anyone looking up the details of your sessions or court hearings.

⚖ Mediation is Personalized. With mediation, you and your spouse are given the opportunity to customize the best arrangement for each of you following a divorce. In divorce court, the rulings are at the discretion of an impersonal judge.

⚖ Mediation Means Control. When you choose mediation for divorce, you and your spouse are in full control of all aspects of the final agreement. In contrast, a court decides your fate in terms of schedule, money, property, children, and more.

⚖ Mediation is a Settlement. Most mediations result in both parties entirely resolving all matters of divorce in the way they think is most fair. Many times, divorce court outcomes leaves a party, or both parties, unsatisfied.

⚖ Mediation is Healing. Mediation tends to create a rapport between couples, which in turn teaches them how to improve or set a standard for communication, post separation. This helps set the tone for future interactions, such as in the case of co-parenting.

Talk to an Orlando Divorce Lawyer

Although mediation has several benefits, it is not always the best fit for all divorcing couples. Before making any decisions regarding spousal separation or divorce, consult with a licensed Orlando divorce lawyer to get professional and personalized advice you can trust.

✨ Stay tuned for our next blog discussing the difference between mediation and collaborative divorce!

Have Questions About Divorce in Florida?

Contact Attorney Shane T. Herbert at 407-887-7058 to get trusted legal advice from a seasoned divorce 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.

Can I Legally Separate From My Spouse in Florida?

Posted on August 20, 2019 by shanelaw2019

Life is ever-changing, and so are people. When it comes to married couples, the same principal applies. It is common for married spouses to doubt or reevaluate their relationship at some point in a relationship, regardless of how long they have been together. But during times of reconsideration, not all couples are ready or willing to jump straight into a permanent decision like divorce. Instead, many married spouses opt for separation as a more progressive, yet less permanent, alternative to divorce.

If you are considering parting ways from your spouse, it is important to first understand the basics behind separation agreements and legal separation in order to determine whether or not it’s right for you. Continue reading to learn what you need to know about legal separation in Florida, and where to find trusted legal advice for marital and divorce matters.

Legal Separation

Legal separation is an alternative to divorce that results in a married couple living separately from one another while still remaining married under law. This scenario involves creating a legally-binding arrangement or agreement between each spouse that is unique to their relationship. The details and scope of such legal arrangements vary from couple to couple, but all legal separations prohibit either spouse from remarrying or entering into a domestic partnership unless they terminate the marriage legally via divorce or annulment. Other standards commonly set forth in separation agreements might include legal recourses for property division, dating, child custody, spousal support, and similar relationship basics.

The State of Florida

Legal separation is a helpful alternative to divorce because it allows couples more time to determine if divorce it right for them, or if they want to work it out instead. On the other hand, not all states recognize legal documentation or marital separation; and Florida happens to be one of those states. 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. Any type of separation agreement between spouses will not be taken into account when it comes time for the court to rule on child support, alimony, property division, and custody. Other states that do not acknowledge legal documentation of separation include Pennsylvania, Mississippi, Georgia, and Delaware.

Alternatives to Legal Separation

If you are married and reconsidering your relationship, but are not ready to file for divorce, you may still have other legal recourses. Talk to a licensed Florida divorce attorney who can provide trusted advice and guidance on all your family legal matters related to marriage and separation. They have the knowledge and experience to represent the best interests of both you and your family, regardless of your definitive decision.

A Florida Divorce Lawyer You Can Trust

3 Types of Alimony Awarded in Divorce Court

Posted on August 13, 2019 by shanelaw2019

Extending our discussion on facts surrounding the dissolution of marriage, today we will look at the three most common types of alimony awarded in the divorce process. Continue reading to learn more about each type of possible spousal support arrangement, as well as, where to get trusted legal advice in Orlando, Florida regarding your divorce matters.

Understanding Alimony

Alimony is interchangeably referred to by other terms, such as spousal support and spousal maintenance. It is money legally court ordered to be paid to one spouse by the other, generally during or after a divorce, for the purpose of maintaining the standard of living both parties grew accustomed to during the marriage. Who pays the alimony depends on certain factors, which can vary from state to state. Most often, the spouse who earned the most money through the duration of the marriage is the person ordered to pay alimony. However, other factors, such as the primary roles during the marriage, the number of dependents shared, and spousal collaboration, can also affect alimony orders.

There are three common types of alimony that can be awarded by a court order in the process or conclusion of a divorce: temporary alimony, rehabilitative alimony, and permanent alimony.

❶ Temporary Alimony

Temporary alimony is a type of spousal support arrangement that ordered to be paid for a set, limited amount of time. Often times, temporary alimony is awarded when a divorce causes a spouse financial hardships. The temporary spousal support order allows them to recover financially during the divorce process. The order then expires once the spouse achieves financial stability again. The eligibility and time limits for this type of alimony depends on your state and their particular divorce procedures.

❷ Rehabilitative Alimony

Rehabilitative alimony is a type of spousal maintenance that is ordered to allow a dependent spouse to go back to school or participate in vocational training in order to get back into the work force after a divorce and eventually become financially independent. Traditionally, this has been common for stay-at-home parents and care givers who did not work throughout the duration of the marriage. Laws governing eligibility and limits for rehabilitative alimony differ among jurisdictions, so it is important to check with your state for accurate information.

❸ Permanent Alimony

A less common, but still possible, type of alimony is permanent alimony. This spousal support arrangement remains in effect until the recipient of the alimony remarries, or until either spouse perishes. However, in some cases, even a remarriage will not void a permanent alimony order. This type of spousal support is often ordered in cases of long-term marriages, or in marriages in which the recipient has a disability that prevents them from working. Commonly, permanent alimony is paid all in one payment, also known as lump sum alimony. Most states will permit a spouse to choose lump sum alimony arrangement, so long as the total amounts to all future payments.

Questions About Alimony and Divorce 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. 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.

Frequently Asked Questions About Kids and Divorce

Posted on August 9, 2019 by shanelaw2019

Earlier this week, we discussed the most common questions family law clients have about Florida divorce statutes, procedures, and more. In today’s blog, as promised, we will discuss some frequently asked questions about divorce when kids are involved. Continue reading to learn some helpful information about getting a divorce in Florida when you have biological or step children.

Orlando Child Support Lawyer 407-887-7058

How Much Child Support Will Be Ordered to Pay?

In Florida, the law requires both parents (or legal guardians) to provide financial support of their child. The amount of money the law mandates parents to contribute will depend on a number of factors unique to your situation, all of which are applied to the child support guidelines set forth by Florida legislature. To calculate child support payments, the uses these two primary factors to make their considerations:

Combined Income (Before Expenses) – If you make $1,000 a month, and your spouse makes $3,000 per month, the state will add your incomes together to develop a combined income of $4,000 per month.

Percentage of Income to Combined Total – The state will then consider what percentage each spouse contributes to the combined income. Using the example of $4,000 combined income, your percentage would be 25%, while your spouse contributes 75%.

Do I Have to Pay Child Support for a Step Child?

Here in Florida, stepparents are not legally required to contribute to the financial support of a stepchild after the dissolution of marriage. This also applies to marriages in which a spouse is paying an ex-spouse child support. Because they are married and have joint finances, they are both technically paying child support to the ex-spouse. But the law will not force a stepparent to do so, nor garnish their wages, unless an adoption occurred. Child support is solely the responsibility of the custodial parents. One exception to this rule involves a legal act called In Loco Parentis, which means a person has legally taken on some parental responsibilities to a stepchild, without actually adopting them.

Can I Change Child Support Orders?

In order to contest or change your current child support obligations, you will need to show the courts that an unanticipated and long-lasting change has occurred to your income or financial needs. Such changes may include job losses or promotions, medical expenses, and similar significant events. Typically, a court will not consider the request unless the change calls for at least 15% modification of monthly child support payments, whether an increase or decrease.

Can I Request Temporary Child Support?

Not only can you go to the courts and petition for temporary child support, you can also petition for alimony, custody, visitation rights, and more. Talk to your family lawyer for information on how to get started.

How Do I Change My Child Custody Agreement?

If you are not happy with the child custody agreement prior to or during your divorce, you can petition for a child custody modification. In order to be granted a modification, you will need to show the court that there is a legitimate reason for the change, such as a significant change in circumstances, whether for you or your spouse. Your Orlando family law attorney will help you facilitate all of these needs.

Can My Ex Move to Another State with Our Child?

If you are a non-custodial parent, and your ex-spouse wishes to move to another state, you are protected under Florida law to a certain extent. You have the right to petition for a child custody modification, as mentioned before, but there is no guarantee that the court will grant your request.

Can I Get Custody of My Step Child?

In the state of Florida, you can only get custody of a stepchild after a divorce if an adoption takes place. Otherwise, a stepparent post-divorce has no legal right to a stepchild. Furthermore, Florida does not recognize any visitation rights of stepparents. So after you divorce, you may not be able to get a court to grant you visitation rights to a stepchild.

A Florida Divorce Law Firm That Can Help

Call the Law Office of Shane T. Herbert at 407-887-7058 for help with your child support 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.