MEMORANDUM OF LAW
If you watch the news or television family dramas, you may think that women are the only victims of domestic abuse and in need of protection orders. In fact, some women can very well be the aggressors, requiring the man in their life to seek a protective order. In the legal system, protection orders are just as available to a man who is a victim of or threatened with violence as the orders are available to women.
What is a Protection Order?
Facts: The parties own two homes. One property is owned 2/3 by the parties and 1/3 by their grandson. The second property is owned ½ by the parties and ½ by their son. The wife wants the homes to be sold and the proceeds split (partition). There are no pleadings for partition, and neither the son nor grandson is a party to the action. Additionally, the wife received a significant personal injury settlement and deposited it into a joint bank account roughly a decade prior to commencement of the action. The parties used this account throughout the marriage. The wife withdrew $75,000.00 from that account one week before filing for dissolution.
The Divorce Decree
Your divorce is not actually legal until the court grants your formal divorce decree. It does not matter if you reached a cordial settlement agreement with your ex-spouse, your divorce will not be legal until the court completes your divorce with a decree. The final decree of divorce is described as the court’s sanctioned order granting a completion of your marriage. If the state of affairs of your divorce lands you in court and goes to trial, the judge grants a verdict, the verdict is established when the decree finalizes the entire divorce process.
Check the Content of your Decree
While the divorce papers are being signed, it makes good sense to “re-read” your decree for multiple reasons. To begin with, the decree may include judge’s orders. If this is the case, you will want to make sure that you comprehend these orders. If you need clarification, don’t be shy about consulting your divorce lawyer.
The second point is that the decree could contain orders that must be carried out within a particular time frame. Note down all orders that concern you, and be sure to note them in your calendar so that you avoid missing any deadlines.
Lastly, when divorce papers are signed and a decree is issued, check to make sure there are no mistakes within the document. This could be something as mundane as a misprint or something more central that could significantly alter the outcome of your divorce. You and your attorney should review the decree together to catch any errors.
Men and Divorce
Unfortunately, men are often caught with the “short end of the stick,” and it can be difficult for men who decide on divorce in Florida. Kenny Leigh & Associates, the preeminent divorce attorney for men in Florida, take on family law cases and puts men at ease with expert advice and professional execution of their cases. They understand the propensity for courts to favor women, leaving the man “high and dry.” Kenny Leigh & Associates are an ardent team of lawyers bent on helping men receive the justice they deserve. The firm accepts only family law cases, and represents only men. They filled a void that was sorely empty for quite a while. If you are in Florida, male, and mulling over a divorce, you will find five convenient locations in Florida such as Daytona, Gainesville, Fleming Island, Ocala, Boca Raton, and Jacksonville.
With Kenny Leigh & Associates, you are guaranteed quality customer service. The firm has a good grip of the ins and outs of family law and complete awareness of the stress that legal proceedings can cause. Clients are advised and carefully prepared to face any challenges due to the expertise and support of this men’s only law firm. Their ultimate goal is to carry out the process put before them as proficiently and justly as possible.
Issue: How does a court factor into child support calculations any benefits a parent receives from Social Security.
Should you consider a DIY divorce?
You might ask yourself that question if you're about to initiate a divorce, in the middle of one, or if you might see one down the road. Some reasons to consider a DIY divorce might seem they're like legitimate ones. You might not have been married very long, for example, or you may not have bought a house together. You never opened joint accounts, or may not have children.
Having kept relatively separate lives while you were married, you might well assume that a separation through divorce is, similarly, not a complicated matter. Certainly, you don't imagine yourself as someone with a life so complex that you need an attorney to sort it all out.
In addition, the desire to "DIY," from home improvement to financial and estate planning, seems to be more and more a part of life these days. In your effort to minimize the disruption you perceive a divorce to represent to yourself you might be tempted to leave a lawyer out of it and "DIY".
So what could a single-focus divorce attorney for men know, or tell you, that you may not have already figured out yourself? For starters, a lawyer might rightly advise you that divorcing a partner is never as simple as picking your own stocks, fixing your own car or even renovating a bathroom. And not because the law is so complicated -- often, it's not -- or because courts are inaccessible to the common man -- according to the Constitution of the United States, they must be perfectly accessible.
So why engage a divorce attorney for men in Jacksonville, Boca Raton, Gainesville, Fleming Island or Daytona? A DIY divorce is a risk to you because divorce is always more than a legal procedure for you and your partner. It is also an emotional experience. As a result, it won't be entirely a rational process, for you or for her. And as when anything - even a legal procedure - turns emotional, its outcome and its consequences become difficult, or even impossible, to predict by yourself.
Even if you don't own a house together, for example, there's probably still a home brimming with contentious possessions, not to mention an automobile or two -- you must divide with satisfaction on both sides. No matter if you have been an exceptional spouse, are you ready to put a hard price tag on alimony payments that will reduce your income into the foreseeable future?
Underestimating the emotional cost to a divorce is also too easy. There are more unknowns than you imagine, no matter what plan you've worked out with your spouse ahead of actually filing. Are you prepared to feel an unexpected possessiveness toward an heirloom, prepared to risk garnishment of wages because of a misunderstanding? Do you understand what it means to follow not just the spirit of an agreement, but the letter of the law?
As a man, you appreciate professionalism - whether in tradesmen, athletes, doctors or lawyers. If there were ever a time in your life when you needed professional advice - rational, dispassionate advice from the beginning of the divorce process to the end - that time is now.
Kenny Leigh and Associates is a divorce attorney for men only in Boca Raton, Jacksonville, Gainesville, Fleming Island and Daytona. Our focus is family law with a singular focus on representing men. We are ready to serve you. Be sure to contact Kenny Leigh and Associates if you have any questions about a DIY divorce, and certainly before you take any step toward divorce.
Florida law allows for four different types of alimony, as codified by law since 2010. While the law includes some specifics regarding the calculation of award amounts and terms of each type of alimony, there is not a simple formula to determine which alimony is most appropriate for a specific situation.
The decision to end a marriage is often confusing and emotionally exhausting; in the heat of the moment, it can be difficult to see clearly. If you're considering searching for a men’s attorney, pay attention to common warning signs that indicate that your marriage is beyond repair.
Any child custody attorney says the same thing: family law court can be a messy process. There is nothing pleasant about contested divorce, property dispute, and/or child custody proceedings. But, you can reduce the trauma if you understand your rights as a father.
Getting married is more than joining two people in holy matrimony. A marriage is a legal transaction. Two people are agreeing to combine their property and income and live as a single married unit. The two people are forming a contract with each other. If the couple makes no other arrangements, that contract is defined by the laws of the state.
A prenuptial agreement allows a couple to define their marriage instead of relying on state laws. If the marriage breaks up, the prenuptial agreement defines property division, alimony, and child custody/support issues. As long as the prenuptial agreement meets the laws of the state of Florida, the document protects both parties and allows for an easier dissolution of marriage. While not for men only prenuptial agreements are a good option for men who want to protect financial assets and parental roles.
What Is a Valid Prenuptial Agreement?
To be valid, the agreement must do the following:
Going through a divorce can be one of the most devastating and personally challenging experiences in life. The mental and emotional preparation required to make it through can feel overwhelming at times. This is why it is so important to be fully prepared before your appointment with the divorce lawyer.
Issue: In a proceeding for an upward modification of child support, how do the father’s subsequent children (who are not subject to a court ordered child support obligation) factor into his ability to pay an increase in child support for the first child.