Top 4 Social Media Tips for Divorcing Couples

Posted on October 29, 2019 by shanelaw2019

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

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

Social Media Mistakes During Divorce

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

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

Ⅰ. Do Not “Check-In”

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

Ⅱ. Do Not Post Pictures of Partying

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

Ⅲ. Do Not Post Your Promotion or New Job

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

Ⅳ. Do Not Post Rants

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

A Florida Divorce Lawyer Who Can Help

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

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

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.

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.

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

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.

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.