Factors That Might Influence Property Division After a Divorce

Posted on November 19, 2019 by shanelaw2019

If there is one thing that is imminent of all divorce, it is the question of property division. Whether laid out clearly in a marital agreement, or left to state procedural adjudication, the conversation regarding the future ownership of all shared properties is something that must be addressed before a divorce is finalized. Although it differs from state to state, there are some congruent standards in which the law uses to make such decisions regarding property allocation.

Continue reading to learn the most common factors that might influence property division following a divorce.

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Consider a Collaborative Divorce

It is encouraged for divorcing couples to collaborate on dividing their marital property, rather than leaving in the hands of the law. Not only would a collaborative divorce approach give couples more control, it allows them to apply their personal preferences and considerations that are unique to their situation, and that a presiding judge wouldn’t have any notion of. See our blog, “How to Determine if Collaborative Divorce Right For You” to learn more about this progressive approach to ending a marriage. In the case that couples cannot come to an agreement by means of collaboration or mediation, it would be necessary for the courts to make marital property division verdicts.

Influential Factors of Asset Division

Marital property is any shared assets and debts attained during the marriage. Separate property is any assets or debts attained by a spouse prior to the marriage. Courts use a variety of factors to decide how to distribute marital property in a divorce. Here are some of the most influential factors they rely on:

⚖ Written Marital Agreements
⚖ Length of Marriage
⚖ Spousal Incomes
⚖ Property Procurement During the Marriage
⚖ Spousal Age and Health Status
⚖ Tax Consequences of Property
⚖ Spousal Debts and Liabilities
⚖ Spousal Income Capacity

How to Protect Your Assets During a Divorce

Whether you are preparing to marry, already married, or considering a divorce, there are steps you can take to protect yourself from unfair or unexpected marital property and asset division. For those who are preparing to marry, it is wise to consider a marital contract, such as a prenuptial agreement. For those who are already married, you can implement a post-nuptial agreement. For those who are thinking about getting a divorce, it is strongly advised to contact a seasoned divorce lawyer for helpful advice and legal support.

Get Trusted Marital Legal Advice in Florida

Contact the Law Office of Shane T. Herbert at 407-887-7058 to speak with a seasoned family lawyer about marriage legal assistance in Orlando, Florida. Our office is conveniently located in the Metro West area, within The Offices of Veranda Park, with ample free parking. And for your added convenience, office visits are not required for initial consultations, as we are happy to provide them over the phone or even video conference, if needed.

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

How to Make Your Divorce Cost Less

Posted on November 12, 2019 by shanelaw2019

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.

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.

Do I Need to Hire an Attorney to Get a Divorce?

Posted on November 8, 2019 by shanelaw2019

The responsibilities involved in the process of divorce are stressful enough on their own. But when you couple in the consideration of finances, you might be tempted to forgo certain expenses, such as hiring a lawyer. But beware that doing so can put you at a higher risk of not obtaining the outcome you expect, even if you and your spouse are amicable. You see, there are many good reasons why people hire divorce lawyers. Perhaps learning these reasons can help you better understand the importance of retaining legal representation for a divorce, and ultimately make the best decision for yourself and your future.

Continue reading to review some common reasons why divorcing couples hire lawyers, and how to get in touch with a reputable law firm in Florida.

Balance Out the Advantage

You do not want to be at an unfair advantage during a divorce. Basically, if your spouse is going to hire a lawyer, you should too. This will “level the playing field” so to speak, and ensure that all divorce proceedings are equally comprehended on both sides, and fair overall.

Reduce Emotional Stress

Divorce is stressful no matter who you are and how agreeable your spouse. A lawyer on your side will remain emotionally objective while helping you keep your emotions in check during the process. This will prevent stress from clouding your judgement.

Stay in Control of Responsibilities

Even though you are divorcing, the world around you does not stop, nor does your obligation to fulfil your daily and weekly responsibilities. Whether you have work duties, parental duties, or social commitments to tend to, the stress of divorce will have less of an effect on how you manage these responsibilities if you have a lawyer representing your best interests.

Protect Your Rights

Perhaps the most impactful reason why people hire divorce lawyers is to protect their rights. You do not understand the law like a practiced lawyer does, so you could not possibly be aware of all the rights you are entitled to. A divorce lawyer can ensure you obtain the fullest and fairest divorce settlement possible.

Always 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.

Florida Divorce FAQS That Will Help You Make a Choice

Posted on November 1, 2019 by shanelaw2019

Whether you are on the brink of divorce, or have already made the decision to move forward, these frequently asked questions and answers about dissolution of marriage in Florida will help you make educated decisions during the divorcing process, and even after it’s finalized. Continue below to review them all.

Is Legal Separation Allowed in Florida?

Florida does not recognize legal separation of married spouses. So, state law will not support any legally-binding arrangement made between spouses, even if they ultimately do 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. Although legal separation is not supported in Florida, there are other legal recourses and alternatives.

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.

What is Mediation? Is it the Same as Divorce?

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.

Does a Divorce Take a Long Time?

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. 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.

How Much Does a Divorce Lawyer Cost?

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. 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.

Who Has to Pay Alimony After a Divorce?

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 spouses’ 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.

Who Gets Custody of the Children After a Divorce?

Who gets child custody, and the limits set forth for visitation, all depends on the presiding judge, the state laws governing divorce and child custody, and several other influential factors. One of the most influential factors used by the family court system to assign custody of children after a divorce is the determination of the primary caretaker. A primary care-taker is the parent who customarily tends to certain basic needs of the children, such as bathing and grooming, meal prepping and cooking, driving, health care decision-making, basic skills teaching, educating and helping with homework, and planning and participating in recreational activities.

Is Divorce the Right Choice For My Family?

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.

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

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.

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!

His Promise To You

Attorney Shane T. Herbert is a hard-working, client-focused professional who has a true desire to help families of all kinds. He uses every resource in his power to ensure your family legal needs are met with the utmost attention and respect, and furthermore, preserved for a hopeful future. As a result, he has earned high accreditation and several other professional distinctions from Super Lawyers®, Avvo®, and more. He is there to ensure that you and your family’s needs are protected and preserved. We take a focused approach by developing impactful, personalized legal strategies that best meet the needs of our client’s unique legal situation. After all, we strive to be your anchor through all of life’s legal ebbs and flows.

⚖ Still not sure about divorce? Shane T. Herbert, Attorney at Law, is happy to answer all of your questions regarding marriage and divorce in Florida, as well as, discuss all of the alternatives available to you and your spouse.

Contact Us Today

Contact the Law Office of Shane T. Herbert at 407-887-7058 to get trusted legal advice and assistance for all legal matters related to divorce law in Florida, including prenuptial and postnuptial agreements. Our seasoned family law firm is based out of Orlando, and conveniently located in the Metro West area, within the Offices of Veranda Park, which offers free parking. However, office visits are not required for initial consultations, so you can inquire about your legal needs in the comfort of your own home. We can provide initial information over the phone or via video conference, such as Skype.

What You Want to Know About Florida Alimony Law

Posted on October 8, 2019 by shanelaw2019

The discussion of alimony during divorcement is a challenging conservation to have for any one, regardless of the amiability of both parties. Whether you are simply considering a divorce, or ready to move forward now, there are some important facts you will want to know and understand about Florida alimony law. Continue below to review the basics of spousal support, spousal maintenance, and more.

Florida Alimony Facts

Following a divorce, the law provides certain relief and security for the lower-earning spouse. This is referred to as alimony. Not only are there different types of alimony that can be awarded in divorce court, various factors influence the amount of money and time a spouse is ordered to pay the other. Such factors include the length of the marriage, the income and employment history of each spouse, the age of each spouse, structured settlements of property and assets, the presiding divorce judge, the skill of the representing divorce lawyer, and much more. However, additional factors, such as the primary roles during the marriage, the number of dependents shared, child support agreements, and spousal collaboration, can also affect alimony orders.

Types of Alimony

There are three common types of alimony that can be awarded in Florida divorce court, Temporary, Rehabilitative, and Permanent (also known as lump sum alimony) spousal support. See our blog, “3 Types of Alimony Awarded in Divorce Court” to learn pertinent details regarding each type of spousal support in Florida.

⚖ Temporary Alimony – Temporary alimony is a type of spousal support arrangement that ordered to be paid for a set, limited amount of time.

⚖ Rehabilitative Alimony – This is a type of spousal maintenance that allows the lower-earning spouse to go back to school or participate in vocational training in order to achieve financial independence.

⚖ Permanent Alimony – Permanent spousal support arrangements are rare, but when granted, remain in effect until the recipient of the alimony remarries, or until either spouse perishes.

Although spousal support is common in our state, the unfortunate truth is, it is still an unpredictable area of family law. There is no guarantee that a spouse will be granted alimony, nor is there a set spousal support schedule that divorce courts adhere to when granting such judgements. Unlike child support rulings, alimony is not calculated according to a precise, statutorily-defined formula. For this reason, it is vital that you retain the services of an experienced and trusted Florida divorce lawyer who can represent your best interests during and after your divorce.

A Trusted and Leading Florida Divorce Lawyer

The Difference Between Legal Separation and Divorce

Posted on October 4, 2019 by shanelaw2019

Ending a marriage is a big decision, which is why it is in a couple’s best interest to understand all of their options before parting ways permanently. Aside from divorcing, a couple might choose to legally separate instead. Although both implemented under legal procedure, they are different types of marital arrangements.

Continue reading to learn the difference between legal separation and divorce, including Florida laws regarding both.

Marriage Lawyer Orlando, Florida 407-887-7058

Divorce

Divorce is the legal dissolution of a marriage by a court. So when married couples divorce, they are legally terminating their marriage. After a divorce is finalized, each person is entirely disassociated with the other under law, including property, insurance, finances, and liability. Although most are familiar with the general facts of divorce, the laws surrounding it vary greatly among states.

Here in the state of Florida, there are three requirements to get a divorce. A spouse must show proof that the marriage took place. Then they must prove that they (or their spouse) were a Florida resident for at least six months prior to filing. And last, they must prove that the marriage is irreversibly and forever damaged. There are different types of divorce options as well, such as collaborative divorce and divorce mediation. See our blog, “The Difference Between Mediation and Collaborative Divorce” to learn more.

Legal Separation

Couples who want an alternative to divorce might opt for legal separation. Under the arrangement of legal separation, a couple remains married under law, but lives separately from one another. The details of legal separation vary from couple to couple, but all prohibit either spouse from remarrying or entering into a domestic partnership unless they terminate the marriage legally via divorce or annulment.

This progressive approach to splitting up is less severing than divorce, and ultimately, reversible. Unlike the commitment of divorce, legal separation allows a couple to split up without permanently changing any of their legal marital terms. This time can allow couples to decide whether or not divorce is ultimately the best decision for them. It can also provide the conditions necessary for couples to work through their problems, either individually or through marital counseling.

Keep in mind that legal separation is not permitted in all states. Here in Florida, the law DOES NOT recognize any legal documentation or marital separation. This means that if you and your spouse choose to separate, Florida law will not support any legally-binding arrangement made between the two of you if you decide to divorce down the line.

Not Sure if Divorce is Right For You?

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.