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July 2019 Archives

Understanding the Florida adoption process

Many childless couples in our state turn to adoption to start a family. Adoptions entail many risks for both the adoptive parents and the child, but the process has brought enduring happiness to many people. Before embarking on the road to an adoption, a couple should understand the details of this family law process and the potential for both happiness and intense disappointment.

Court's interpretation of prenup costs wife $1,500,000

Drafting a prenuptial agreement requires attention to the smallest linguistic details. The misuse of a word or phrase can distort the meaning in favor of one spouse or the other, and for couples with significant assets, the distortion can result in losses in excess of $1 million. The decision of Florida's Second District Court of Appeals ruled that the meaning of a prenuptial agreement was significantly affected by the use of the article, "a" instead of a more specific article, such as "that" or "said."

How wedding debt can affect your marriage

Your wedding was amazing; it also cost you a fortune. Now, the party is over, married life is in full swing, and you have found yourself constantly fighting with your spouse about how you are going to pay down your wedding debt. Debt, of any kind, is a factor in many divorce cases. However, according to a recently published article, those with nuptial debt are more likely to consider ending their marriages than those without it.

What is a "post-nuptial agreement" in Florida?

Most couples in Florida who are considering marriage have heard of prenuptial agreements. Once a rarity, these agreements are becoming more common as couples marrying for the second time, or more, want to protect their personal assets from an unfair property settlement in a divorce. Not surprisingly, a new kind of marital agreement is also becoming more popular - the "post-nuptial agreement."

Ignoring child support obligation in Florida has consequences

Some Florida residents wind up being deeply unhappy about the terms of their divorce decree. One of the issues that causes the most unhappiness is an order directing one spouse to pay child support to the other. Even though Florida laws are clear on which spouse should pay child support and on how much should be paid, many divorced parents who have been ordered to pay child support refuse to accept the effect of the court's order. Instead of complying with the order, they simply refuse to pay, or pay less than has been ordered or pay later than the order requires. Many parents who must pay child support to their former spouse underestimate the seriousness of ignoring the court's order.

Understanding the advantages of an uncontested divorce

People who are facing the possibility of ending their marriages often worry about the emotional strain of the divorce process, especially if minor children are involved. One of the most certain methods of reducing this strain is to strive for an uncontested divorce. As the names imply, an uncontested divorce is one in which the divorcing parties have been able to negotiate a mutually satisfactory agreement on all issues, including alimony, property division, child custody and child support.

What basic facts must be proven to be granted a divorce?

When couples in Florida are planning a divorce, it is not uncommon for them to get caught up in the various issues that will be decided upon. That includes property division, child custody, alimony, child support and more. These factors can be contentious and complex. At the case's outset, it is still important to remember the basics. For a couple to be granted a divorce, the law says there are certain facts that must be proven, including that the marriage is irretrievably broken or one of the parties is suffering from mental incapacity, for example.

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Diaz Family Law Firm
2323 Lee Road
Winter Park, FL 32789

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