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South Florida Family Law Blog

What is alienation of affection?

There are any number of factors that can contribute to a married couple in Davie choosing to call it quits. Adultery is often one of them. If this has occurred in your case, then your feelings on the matter are likely (and understandably) still strong. You may harbor anger against your spouse for violating your trust in them, and you may be even more upset at whomever they cheated with for not respecting the sanctity of your marriage. The question is whether the actions of the latter party in causing the end of your marriage warrant legal action. 

There is a legal principle known as “alienation of affection,” which assigns blame to a third party whose involvement in a marriage led to its end. In the case of adultery, this principle would essentially offer the opportunity to sue your spouse’s lover. That is, if such a principle is still viewed as being valid. 

Understanding COBRA coverage

Many in Davie may believe themselves to be fully prepared to comfortably adjust to their post-divorce lives going into their proceedings. Once their divorces become final, however, those who were not the primary income earners in their homes often struggle to adjust to not having access to the benefits they enjoyed through their ex-spouses. One of the more common of these benefits is group health plan coverage. Indeed, according to information shared by the Kaiser Family Foundation, nearly half of all insured Americans are covered by an employer-sponsored plan.

Many worry that once they are divorced, access to benefits through their ex-spouse’s plan will end. Yet that is not the case. The Consolidated Omnibus Budget Reconciliation Act affords one the chance to remain on their ex-spouse’s insurance plan for up to 36 months. COBRA coverage following a divorce is not automatic, however. Per the U.S. Department of Labor, the following three criteria must first be met:

  • The ex-spouse group health plan must be subject to COBRA regulations
  • One must be a qualified beneficiary
  • One must have experienced a qualifying event

Protecting your children's interests regarding unfit parenting

Especially if you and your spouse have been married and living in Florida for 10 years or more, you have likely disagreed at some point on issues related to your children. Perhaps, one of you is more lenient than the other. Maybe your kids know they can talk one parent into things more than the other one, so they use those "skills" to their advantage, which winds up causing friction in your marriage.

While those may not be the exact issues that prompted your decision to file for divorce, child-related problems may indeed be a factor. Most marriages have ups and downs, particularly concerning parenting. However, if you are concerned about your children's well-being because you believe your spouse to be unfit parent, that's an entirely different issue and one that warrants definite attention during divorce proceedings.

Am I eligible for an annulment?

While an annulment also ends a marriage, the process is quite different when compared to much more common divorces. As a result, it's crucial that people seeking annulments have the right information going into the process to ensure it's a good option for them. Very Well Mind explains some of the common reasons people seek out an annulment over a divorce. 

In order to be eligible for annulment, one must cite specific legal grounds. Unlike a divorce, which simply dissolves a marriage, an annulment renders the union null and void. This is usually because one or both parties were not privy to certain information that would have prevented the marriage from taking place. Sometimes it may be a legal issue. For example, if a person was already married at the time he or she married another, the subsequent wedding would be illegal. 

How is paternity established in Florida?

Establishing legal paternity in Florida benefits the entire family. It's especially important when seeking child support after the demise of a relationship which produced one or more children. To help you make the best possible decisions for your family, the Florida Department of Revenue offers the following guide. 

First and foremost, establishing legal paternity ensures that the child in question is privy to certain rights. For instance, legal paternity allows a child access to health insurance if a policy is possessed by the father. It also ensures the child has access to important medical information, which is crucial to provide the right sort of healthcare and diagnostic testing. Without legal paternity established, an ex-spouse or partner will not be able to seek child support on behalf of the child, which can result in serious financial instability. Additionally, if the father's name is not on a child's birth certificate, he will have a difficult time gaining visitation or custody. 

What should I know when filing for full custody?

When full custody is awarded during a divorce, one parent will be afforded sole legal and physical custody of a child. Because many courts prefer to award joint custody, as it's thought to be in the best interest of the child, it's important for parents filing for sole custody to be properly prepared for their hearing. Very Well Family offers the following advice to ensure parents are well-prepared. 

Keep your emotions in check

Spousal neglect and divorce

Relationships fall apart for a myriad of reasons, but some can be especially painful from an emotional angle. For example, when someone is neglected by their spouse, they may reach the conclusion that divorce is necessary, even though the divorce process may seem like one of the last things they want to deal with. If you are in a marital relationship and you want to move on because your spouse has been neglecting you, it is vital to make sure that you approach your divorce correctly in order to avoid additional hardships such as unmanageable stress or even depression.

Spousal neglect may take many forms. Someone may be financially neglected by their spouse, who refuses to support them even though they have the means to do so. Or, someone may be emotionally neglected by their husband or their wife, and they may decide that it is time to end the relationship. Neglect may also involve a lack of intimacy and some people may want to end their marriage because their spouse is neglecting the kids.

What benefits do prenuptial & postnuptial agreements offer?

Most people cringe at the thought of a prenuptial agreement. After all, during the lead up to marriage, the last thing you want to think about is divorce. The truth is that many couples' marriages will end in divorce and being prepared for the possibility might even strengthen your union in the long run. Forbes offers a few basics on pre and postnuptial agreements and why you should consider implementing one. 

What a prenup can do

How to file for divorce in Florida

When people fall in love and decide to get married, they hope it’s a relationship that will last forever. Unfortunately, every four out of 10 marriages in the U.S. ends in divorce, and Florida ranks in the top 10 for states with the highest divorce rates.

If you and your spouse decide it’s best to part ways, there will be strong emotions involved and concern over your future, especially about who will get custody of the children, and financial issues, such as how you and your spouse will divide assets.

How can a forensic accountant help with divorce?

Financial issues are often the most contentious when a divorce occurs. That's why many people work with forensic accountants when it comes to things like alimony payments and asset division. These professionals support your legal team by providing scientifically-driven information regarding a person's financial standing. The American Bar Association explains more about these processes and how they can help you. 

When it comes to divorce, things are not always as they seem. For instance, many spouses attempt to hide assets in order to reduce their financial obligation. While this process is both unethical and illegal, it can sometimes be difficult to find hidden assets. A forensic accountant will utilize trusted methods and techniques to uncover hidden information and provide an accurate reporting of marital property.

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