Divorce and the Only Child

Posted on Mon, Sep 28, 2015

Divorce can be difficult for all children, regardless of age. The family unit that they have been accustomed to is now changing, leaving them with feelings of uncertainty. Only children, in particular, may have a more difficult time adjusting when their parents divorce, because they may experience more stress than a child that is sorting through the experience with siblings.

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Kelly Rutherford and the Complications of Custody Battles

Posted on Thu, Sep 17, 2015

Child custody cases take a heavy toll on everyone involved. Even the most amicable arrangements become a struggle for those stuck in the middle. When these cases become battlegrounds that entail drama, animosity, and international laws, they can turn into a years-long tragedy for both the parents and the children. Kelly Rutherford’s prolonged legal fight for parental rights is one extreme example of a custody battle in its most unfortunate circumstances.

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Why Honesty is the Best Legal Policy

Posted on Tue, Sep 08, 2015

During a divorce or child custody case, each party may be desperate for the court's favor. In fact, it is not unusual for both parties to 'dig up dirt' on the other, hoping to sway how a judge will rule on the case. In some instances, this could lead a plaintiff or defendant to be dishonest with their attorneys – whether it's providing information that is untrue, or failing to disclose details that could be pertinent to the case. If you have ever thought that saying less can win a case, you should think again. Being honest with the person representing you could truly make or break a domestic case. Here are a few reasons that honesty is the best legal policy when speaking with your lawyer.

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Does Your Marriage Need Counseling or Divorce?

Posted on Mon, Aug 31, 2015

If your marriage is going through tough times, you might be considering counseling or divorce as the solution to your problems. But which path should you and your partner take? And will outside advice really help or will it only make things worse?

To answer these questions, you'll need to consider another question: Are you or your partner already determined to separate? If the answer to that question is yes, seeing an adviser will not be very effective and may even be detrimental to your relationship.

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When is a gift given during a marriage considered marital property?

Posted on Mon, Aug 24, 2015

When determining marital property, one must first go to Florida Statutes Chapter 61 to determine and to define the marital property.  That is usually just the first step, however.  The next step would be an analysis of the case law.  When reading this blog, understand that situations and fact patterns differ, so although your situation may seem consistent with this blog, there could be a very small piece missing that changes the characterization of what you are looking for.  The first step in an equitable distribution analysis trying to figure out when a gift is marital property is the timeframe that the gift was given.  Absence a prenuptial agreement or some other written proof, any assets or liabilities acquired from the point of marriage to the point of filing a petition for dissolution is usually going to be presumed marital.  Gifts are also presumed marital, generally. 
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