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.

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

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.

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

Frequently Asked Questions About Divorce in Florida

Posted on August 5, 2019 by shanelaw2019

Divorce is never guaranteed to be easy on the heart, but it can be easy in terms of convenience and efficacy when you have a seasoned divorce lawyer representing your side. While waiting to have your initial consultation with an attorney, it may help to review some frequently asked questions about getting a divorce in Florida.

Continue below to get started, and to learn where to turn when you need trusted advice regarding marriage, divorce, and all other family legal matters.

Divorce Lawyer Orlando, Florida 407-887-7058

How Do I Get a Divorce in Florida?

In the state of Florida, there are three requirements for getting a divorce. First, you must show proof that the marriage took place. Second, you must prove that you or your spouse were a Florida resident for at least six months before filing for divorce; and third, you must prove that the marriage is in fact, irrevocably and permanently broken.

Do I Need a Lawyer to Get a Divorce?

The state of Florida does not require you to have a lawyer represent or facilitate your divorce. However, attempting to divorce without legal representation can result in significant financial losses, child custody rights, and more. Unless both parties fully agree on all matters related to divorce, it is strongly encouraged for both parties to hire a divorce lawyer.

How Long Does it Take to Get a Divorce?

The amount of time it takes to complete a divorce, from the moment it is filed to the moment it is officially in effect, depends on countless factors unique to each case. Mostly, it depends on whether or not the divorce is contested or uncontested. If a divorce is contested, the court will decide on any and all unresolved issues, which can take up to 6 months or longer. If a divorce is uncontested, the process is much faster, and generally resolves within 5 to 6 weeks. Other major contributing factors on divorce timelines include how quickly both parties can come to an agreement on all matters related to the divorce, the traffic of family courts, the skill of your divorce lawyer, and more.

Is Mediation a Good Option for Divorce?

Mediation is a common alternative to negotiating divorce settlements. Both parties and their respective divorce lawyers hire a neutral third-party, or mediator, to help both parties discuss family matters and come to an agreement. Mediation is cheaper, more private, and often times, more amicable type of closure. Best of all, mediation allows both parties to be in control, rather than an impersonal court.

Are Alimony and Spousal Support the Same?

Alimony is the same as spousal support, both of which are also interchangeably referred to as spousal maintenance. There are, however, several different types of alimony, such as temporary alimony, permanent alimony, rehabilitative alimony, bridge-the-gap alimony, and durational alimony. Be sure to check back for an upcoming blog discussing the differences among these types of alimony.

How Much Alimony Will Be Ordered?

The amount of alimony you will receive from or pay to your ex-spouse will vary depending on various factors. However, the top contributing factor in calculating how much alimony is to be paid to a spouse is the length of the marriage. The longer a couple was married, the more alimony can be expected. Additional factors might include income sources of both parties, the earning capacity, educational history, skills, and employment capability of each spouse, child support duties, and whether or not adultery was committed. Keep in mind that here in Florida, alimony is not a guarantee, nor does a set schedule or statutorily-defined formula exist for alimony payments when granted by the court.

Can I Request Temporary Alimony?

In most cases, you can request temporary alimony in Florida. However, it does not mean you will be granted any alimony. You would need to go to court directly after filing your divorce petition, and ask for an order of temporary alimony. The court will then compare your needs to your spouse’s ability to pay in order to calculate an affirmative amount of temporary alimony.

✨ Stay tuned for Friday’s blog discussing the frequently asked questions about kids when it comes to divorce, including child support, child custody, guardianship, and more.

Where Can I Get Legal Advice About My Divorce?

Contact the Law Office of 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.

How to Find a Reputable Family Lawyer

Posted on August 2, 2019 by shanelaw2019

There are several family matters that require the assistance or intervention of the law. From marriage and divorce, to child custody, guardianship, and more, virtually all families find themselves in need of a family lawyer at some point in time. If you are currently thinking about hiring a family law attorney for your legal needs, you might be overwhelmed with the vast selection of law firms available in your city. Fortunately, there are some effective methods and strategies you can use to choose the right lawyer for your case.

Continue reading to learn some valuable tips on how to find a reputable and successful family lawyer.

Orlando Family Law Attorney 407-887-7058

Starting Your Search

Naturally, people tend to ask others for referrals and recommendations. And word-of-mouth is an excellent way to find trusted lawyers in your area. An alternative to asking around, you can conduct an online search on your preferred search portal, such as Google, Bing, or Yelp. Particularly, if you are looking for a family law attorney, it is helpful to peruse profiles on Super Lawyers.com or Avvo.com, where various attorneys and their credentials will be available for review.

Lawyer Fees and Other Factors

These search methods are great ways to get you started, and will put you on the right track to locating dependable and capable law firms. Once you have a few law firms in mind, narrow them down by considering additional factors, such as attorney fees, client testimonials, case results, accreditation achievements, memberships, and other significant credentials. Keep in mind that law firm fees and hourly rates differ, but they should be upfront about how much they charge when you ask.

Client Testimonials and Case Results

After you have chosen some law firms from your initial search, continue to narrow down your selection by looking up their online reviews, client testimonials, and past case results. If you cannot find reviews or testimonials for a particular law firm, it is generally not a good sign. It could mean that they remove their reviews because they are unsatisfactory, or they have not been in business long enough to have gained client reviews.

Although reputable and experienced lawyers usually have plenty of client reviews, not all firms advertise their case results; so if you cannot find this type of information, simply ask them directly at your initial consultation. They should be willing to be transparent about their history of success. Once you go through this information, you will gain an idea of how they do business, interact with clients, and more.

Accreditation and Memberships

Additional important factors to consider as a priority when choosing a family lawyer are accreditation achievements and memberships. Although not necessary in various areas of work, it is common for legal professionals to have licenses, certifications, awards, recognition, community involvement, and memberships to related legal organizations and associations. To further narrow down your choices, keep your eyes open for these types of professional credentials.

Or Just Skip the Hassle and Contact Our Trusted Family Law Firm Today!

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

Common Family Law Practice Areas

Posted on July 29, 2019 by shanelaw2019

Family law is a branch of law that deals with legal matters that have to do with families. The fundamental family legal practice areas within this branch of law include divorce, marriage, child support, and guardianship. Moreover, each umbrella category of family law has its own distinctive range of legal applications. If you are currently in need of family legal assistance, it is wise to learn more about the laws surrounding your particular family-related legal matters. The best way to get started is to contact a seasoned Orlando family lawyer in your town for trusted advice unique to your case.

In the meantime, continue reading for a brief description of each practice area of family law.

⚖ Marital Law

Marriage law, or marital law, can include a wide range of family legal matters. Common areas include prenuptial and postnuptial agreements, marriage contracts, marital property arrangements, same-sex marriage, common law marriage, state marriage license requirements, age of consent marriage, name changes, and more.

⚖ Divorce Law

Divorce law is a prime category of family law. This practice area can include a vast range of legal issues and applications, including annulments, legal separation, dissolution of marriage, collaborative divorce, equitable distribution, time sharing, parenting plans, divorce planning, alimony, spousal support, divorce taxation, complex assets divorce, dispute resolution, property division, child support, child custody, name changes, and more.

⚖ Child Custody and Child Support Law

Child custody and child support law is another primary practice area of family law. Within this area of law, common cases involve paternity, adoption, guardianship, child support, custody, visitation, time sharing, parenting plans, relocation, foreign judgements, parental alienation, Father’s rights, grandparent’s rights, and more.

⚖ Guardianship Law

Guardianship is a common legal practice area that mostly deals with the legal custody of a non-biological child, disabled adult child, or an incapacitated adult. Guardianship law includes a wide scope of family legal issues. Common guardianship cases include adoption, emancipation, foster care, guardian ad litem, reproductive rights, and surrogacy.

A Florida Family Law Attorney You Can Trust

Contact the Law Office of Shane T. Herbert at 407-887-7058 to get trusted legal advice from a seasoned family law attorney in Orlando, Florida. We can help you resolve your family legal matters, regardless of which area of family law your case falls within. 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.

Shane T. Herbert Law Welcomes You to Our Brand New Website

Posted on July 24, 2019 by shanelaw2019

“Your Anchor Through Life’s Legal Challenges”

Here on our blog page, you will find all sorts of countless free sources of information regarding family law topics, with new entries published every week. Additionally, you can learn more about our family law firm and how we can help you with your family legal needs by visiting our brand new website!

www.sherbertlaw.com

A Leading Orlando Family Law Office

Families come in all different shapes and sizes, and they all face their own set of unique legal challenges. Here at the Law Office of Shane T. Herbert, we put in the time to fully understand your family legal needs, and then meet them with the utmost professionalism and care.

As a small, client-focused Orlando law firm, you can expect personalized attention and sincere compassion, regardless of your case’s size or scope. And with proven results and outstanding CLIENT TESTIMONIALS, you can feel 100% confident that Shane T. Herbert will do everything in his power to deliver the legal results you are looking for.

Visiting Our New Website

When you visit our new website, you will be instantly presented with a wide range of easy-to-use legal sources, including an email form you can submit right from our HOME PAGE. Start by learning ABOUT US, including Shane T. Herbert’s academic and work history, accreditation facts and memberships, and even our COMMUNITY INVOLVEMENT. Then move onto our PRACTICE AREAS to learn more about your particular legal action. From general marriage and divorce, to child custody, child support, collaborative divorce, and more, our law firm

Please Contact Us Anytime

Our Orlando, 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. CONTACT US directly at 407-887-7058 to learn what you need to know about resolving or addressing your family legal matters, swiftly and securely.