There are several stigmas surrounding divorce. One of the most
common is the price you pay. Although it is true that terminating a marriage is
not cheap, there are effective ways to make your divorce cost less. Continue
reading for some helpful tips on reducing the cost of your divorce.
Orlando Divorce Attorney 407-887-7058
Divorce and Finances
As if divorce is not stressful enough, there is also the
concern of one’s finances. During a divorce, there are fixed costs that can
intimidate you, such as legal fees, lawyer retainers, and division of property.
However, with the right approach, you can ensure you stay in control of your
money. The most important step you can take toward protecting your assets is to
hire a reputable Orlando divorce attorney and listen to their advice. They have
the knowledge, experience, and resources to help you preserve your financial
well-being during and following your divorce.
Helpful Tips for Cutting Divorce Expenses
☑ Be Nice
When the relationship between divorcing couples remains
amicable, the cost tend to stay in bounds. However, when there is a lot of
contention between couples, the process could drag out, and one spouse might
fight for more support or child custody limitations, all of which can make
divorce cost much more. Try to be respectful and non-confrontational to avoid
any strain.
☑ Communicate Openly
Try to keep an open line of communication with your spouse. Although
you want to consult with your lawyer prior to bringing up any important issues,
speak regularly with them on smaller and less-contentious issues to save money on
lawyer fees.
☑ Choose Your Battles Wisely
In addition to remaining amicable and communicating well
with one another, it helps to also choose your battles wisely. Put thought into
what really matters in the outcome of your divorce and what doesn’t. Apply this
forethought toward matters like property and assets division to avoid
additional pecuniary losses and legal fees. Keep in mind, disagreements lead to
more legal fees.
☑ Hire the Right Orlando Divorce Lawyer
Contact the Law Office of Shane T. Herbert at 407-887-7058 to get trusted legal advice from a seasoned Orlando divorce 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.
Whether born of curiosity or a desire to make your
relationship official, the question of marriage versus civil union is a common
one among long-together couples. This question arises even more often for
same-sex couples living in a state that does not recognize same-sex marriage.
Regardless of your relationship status, the ultimate decision you make when
deciding between getting married and entering into a civil union will depend mostly
on the law in your state, and then on personal preference.
Continue reading to learn the difference between marriage and
civil union, including where you can get trusted legal advice concerning your
family legal needs and marriage rights.
Same Sex Marriage Lawyer 407-887-7058
Civil Unions
A civil union is often confused with marriage because it is
a marriage-like arrangement between two couples. In states that allow civil
unions, couples are granted, under law, a very similar set of rights and responsibilities
to a conventional marriage. For instance, Hawaii called their civil unions, “reciprocal
beneficiary arrangements.”
The main separate between these state-permitted civil unions
and marriage is the federal law. The federal government does not recognize civil
unions, even if a state does. As a result, civil unions do not entitled
partners to federal benefits, and therefore, cannot file taxes jointly, nor have
rights to one another’s Social Security and Medicaid benefits.
Civil unions do offer some rights and benefits. Couples who
have entered into a civil union can file state taxes jointly, own property
together, have rights to spouses employment benefits (i.e. health insurance), set
up inheritance rights, take bereavement leave from work in the case that a
spouse dies, have joint parental rights, and much more.
Same-Sex Marriages
Civil unions have been widely practiced in states that do not allow same-sex marriage, since they give couples a way to publicly commit to one another and make their relationship official. Once the U.S. Supreme Court ruled that same-sex marriage bans were unconstitutional in 2015 (Obergefell v. Hodges), some states, like Vermont, automatically converted all civil unions of same-sex couples to a legal marriage.
Florida and Civil Unions
Here in the state of Florida, our government does not recognize civil union nor domestic partnership, and therefore, will not grant spousal-like rights to unmarried couples.
Where to Get Marital Advice in Florida
Contact Attorney Shane T. Herbert at 407-887-7058 to get trusted legal marital law 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!
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.
Orlando Marriage Attorney 407-887-7058
Before signing a marriage certificate, it is important to know exactly how it will change your legal circumstances. Fortunately, most changes that take place on a legal platform are positive, like tax benefits, financial benefits, and more.
Take a close look at some of the top advantages you can expect from getting married, below.
FINANCIAL BENEFITS
There are various financial advantages of being married. In terms
of social security, you can receive your spouse’s benefits if you do not have
any. You can also receive other benefits through your spouse, such as pension, Medicare,
disability, veterans, and military. Individual Retirement Account (IRA) benefits
are another factor to consider when weighing the advantages of marriage.
TAX BENEFITS
As a married couple, you are given certain tax benefits. For
instance, you can receive unlimited marital tax deduction, which is the largest
tax benefit of marriage. This means you can transfer assets to your spouse at
any time, in any amount, tax-free. Another possible tax benefit is the option
of filing taxes, jointly. This, however, this is not good for all couples. Two
high earning couples would pay more in taxes.
HEALTH BENEFITS
There are several types of health insurance and medical advantages
that come along with marriage. For instance, you can be added to your spouse’s
health insurance policy, and receive their benefits. Additionally, family leave
and bereavement benefits can be made available to spouses through their
employer.
ADDITIONAL LEGAL BENEFITS:
☑ Paternity Benefits ☑ Legal Decision-Making Benefits ☑ Inheritance Benefits ☑ Medical Proxy Rights
Get Trusted Marital Legal Advice in Florida
Contact the Law Office of Shane T. Herbert at 407-887-7058 to speak with a seasoned family lawyer about marriage legal assistance in Orlando, Florida. Our office is conveniently located in the Metro West area, within The Offices of Veranda Park, with ample free parking. And for your added convenience, office visits are not required for initial consultations, as we are happy to provide them over the phone or even video conference, if needed.
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.
Orlando Divorce Attorney 407-887-7058
Florida Alimony Facts
Following a divorce, the law provides certain relief and security for the lower-earning spouse. This is referred to as alimony. Not only are there different types of alimony that can be awarded in divorce court, various factors influence the amount of money and time a spouse is ordered to pay the other. Such factors include the length of the marriage, the income and employment history of each spouse, the age of each spouse, structured settlements of property and assets, the presiding divorce judge, the skill of the representing divorce lawyer, and much more. However, additional factors, such as the primary roles during the marriage, the number of dependents shared, child support agreements, and spousal collaboration, can also affect alimony orders.
Types of Alimony
There are three common types of alimony that can be awarded in Florida divorce court, Temporary, Rehabilitative, and Permanent (also known as lump sum alimony) spousal support. See our blog, “3 Types of Alimony Awarded in Divorce Court” to learn pertinent details regarding each type of spousal support in Florida.
⚖ Temporary Alimony – Temporary alimony is a type of spousal support arrangement that ordered to be paid for a set, limited amount of time.
⚖ Rehabilitative Alimony – This is a type of spousal maintenance that allows the lower-earning spouse to go back to school or participate in vocational training in order to achieve financial independence.
⚖ Permanent Alimony – Permanent spousal support arrangements are rare, but when granted, remain in effect until the recipient of the alimony remarries, or until either spouse perishes.
Although spousal support is common in our state, the
unfortunate truth is, it is still an unpredictable area of family law. There is
no guarantee that a spouse will be granted alimony, nor is there a set spousal
support schedule that divorce courts adhere to when granting such judgements.
Unlike child support rulings, alimony is not calculated according to a precise,
statutorily-defined formula. For this reason, it is vital that you retain the
services of an experienced and trusted Florida divorce lawyer who can represent
your best interests during and after your divorce.
A Trusted and Leading Florida Divorce Lawyer
Contact the Law Office of Shane T. Herbert at 407-887-7058 to get trusted legal advice and assistance for all legal matters related to divorce law in Florida, including prenuptial and postnuptial agreements. Our seasoned family law firm is based out of Orlando, and conveniently located in the Metro West area, within the Offices of Veranda Park, which offers free parking. However, office visits are not required for initial consultations, so you can inquire about your legal needs in the comfort of your own home. We can provide initial information over the phone or via video conference, such as Skype.
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.
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.
Orlando Marriage Attorney 407-887-7058
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 1st Amendment rights. The court decided that 1st
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
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.
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.
Orlando Divorce Attorney 407-887-7058
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.
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.
Orlando Family Attorney 407-887-7058
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.
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 postnuptialagreements, 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.
