Orlando FL Divorce Law Blog
On behalf of Christopher Smed posted in Child Custody on Friday, May 24, 2013
As you work through your divorce and child custody agreements, you may be experiencing some bitter emotions. Some Florida couples divorce because of infidelity or other indiscretions that cause animosity between husband and wife. Even though you may feel an extreme amount of anger toward your ex, you must remember to use discretion when talking about that person with your children.
You may feel as though the children's other parent is a "bad guy," but you might want to think carefully before making disparaging remarks. Remember children need the love and support of both parents. They identify with both of their parents, in fact; if you are unnecessarily critical of your ex, you are ultimately criticizing a part of your kids. Your child could lose self-esteem because of your comments.
On behalf of Christopher Smed posted in Uncontested Divorce on Friday, May 17, 2013
If you are contemplating divorce, you are probably overwhelmed with questions and decisions. Even in an uncontested divorce, many Floridians find themselves confused and unsure where to begin. Our blog today will address several important steps to take before plunging head-on into your divorce.
Your first course of action should be to call a mediator. Modern divorce does not resemble our traditional concept of courtroom battles and expensive attorneys' fees. Rather, today's divorcees seek a more mature and reasonable divorce method through mediation. Not only is mediation generally quicker and easier, but it is also cheaper than a litigious divorce.
On behalf of Christopher Smed posted in Alimony on Friday, May 10, 2013
Florida's alimony system has long been under fire from advocates seeking reform. Still, e-mails and other entreaties seem to have convinced the state's governor to block any effort at alimony reform, much to the chagrin of those who have supported change. Those backing the measure say it would have updated an antiquated system, while news reports explain that ex-wives and family lawyers seem pleased that the measure was vetoed.
Among the most significant concerns for the governor was the bill's provision to allow existing, long-standing alimony documents to be modified. Even though many of the nation's alimony law reformers appear to be taking a gender-neutral stance, opponents of reform argue that many older women would suffer because of proposed changes.
On behalf of Christopher Smed posted in Alimony on Friday, May 3, 2013
Frequent flier spouses may be shocked to find out that their airline miles and hotel points could be fair game for consideration during alimony and property division proceedings. Although the points may not always have cash value, they are considered assets within the context of a marriage, and they must be distributed equally for divorcees in the state of Florida.
The easiest way to handle this situation is to simply offer to “buy out” your ex-spouse’s share in your airline miles. That way, you can keep the entire account and they can enjoy the cash benefits of their share. What if there is no way to determine the value, though? Some points are allotted different individual values based on the days or seasons in which they are used. In that instance, many airlines and hotels will allow you to transfer your points into two separate accounts, each of which can be used by one member of the divorcing couple.
On behalf of Christopher Smed posted in Child Custody on Tuesday, April 23, 2013
The parents of a preschooler whose stuffed toys were found stuffed with guns at a transportation security checkpoint have finally reached a child custody agreement. The preschooler's stuffed animals, including a toy Mickey Mouse, were found to contain the firearm components, most of which had been artfully arranged inside, while he was traveling back to Florida with his father.
Investigators said the 4-year-old boy had been delivered into the man's custody the night before the flight. A legal dispute had resulted in the boy's mother losing primary custody, a move that required his father to travel to Rhode Island to fetch him. The boy's bags were kept at his mother's residence before the pair's flight the next day, when the loaded toys were discovered. The boy and his father were allowed to board their plane after questioning from federal authorities.
On behalf of Christian D. Smed, Esq. posted in Alimony on Wednesday, April 17, 2013
As gender roles continue to become more mutable in our society, preconceived notions about alimony and child support are also continuing to shift. New information shows that Florida's stay-at-home dad population is far less likely to seek the spousal support they deserve because they are hindered by cultural stereotypes. Higher-earning women also appear to be buying into these antiquated norms, largely because they believe they have shouldered all major burdens in the relationship. These "gender reversal" divorces are becoming more common, with about one-third of married women out-earning their spouses.
Most couples enter their marriages expecting that the man will earn more money. As a result, higher-earning wives often find themselves feeling overtaxed because of cultural norms that require them to manage the family, raise the children and bring home the bulk of the couple's earnings. These women are essentially offended that they must share their hard-earned money with their soon-to-be ex-husbands, largely because they do not believe the man has worked for his fair share.
On behalf of Christopher Smed posted in Uncontested Divorce on Wednesday, April 10, 2013
If you're considering divorce, you are probably thinking about stories you have heard from other people and the media. Divorce is often portrayed as an arduous, unpleasant process that trudges along haltingly. Surprisingly, the tempo of your divorce can be almost entirely determined by your attorney. In litigated or contested divorces, parties are generally at the mercy of the courts and their legal representatives. Alternatively, uncontested divorce, which uses mediation and other collaborative methods, allows couples to control the speed of their divorce.
Litigated divorces hinge on the speed at which your attorneys are able to file initial documents and petitions. You generally have to wait for preliminary documents to be drafted, choose the jurisdiction for the litigation and serve initial documents to your soon-to-be ex. In most cases, attorneys have between 30 to 45 days to respond to a petition or summon, so even simple documents could hold up the process for more than a month.
On behalf of Christian D. Smed, Esq. posted in Child Custody on Friday, April 5, 2013
Many divorce lawyers report that they are seeing an increasing number of fathers who are interested in remaining active in their children's lives after divorce. These men are showing up in child custody hearings, with more seeking primary conservatorship, especially if the family is a two-income household. Florida courts are now facing challenges to the traditional model of simply awarding primary conservatorship and custody to mothers.
Still, one spouse generally provides the majority of child care, even in dual-income families. Child custody proceedings will attempt to elucidate the role of each parent in their children's lives. Many attorneys think that women should not be arbitrarily favored over men in the custody hearings, instead taking a more egalitarian viewpoint; whoever cares for the children the most should receive the lion's share of the estate. This should be true, regardless of the gender of the primary caregiver.
On behalf of Christian D. Smed, Esq. posted in Alimony on Friday, March 29, 2013
Legal experts in Florida and throughout the nation acknowledge that alimony is a hot-button topic. Recent moves in the state legislature would put an end to the much-maligned "permanent alimony," which effectively requires payers to fund their ex-spouse's lifestyle for the remainder of their natural lives. Legal groups and advocates are both weighing in on the effects the alimony reform bill could have among Florida's divorced population.
The two bills that would put an end to permanent alimony are both strongly opposed by the Family Law Section of the Florida Bar. Still, lawmakers say the measures are gaining traction, passing through legislative panels with ease. The House bill is currently ready for floor action, though its sister bill in the Senate requires some additional committee discussion.
On behalf of Christian D. Smed, Esq. posted in Military Divorce on Friday, March 22, 2013
A landmark Supreme Court decision will bring a young girl back from Scotland and improve the rights of military parents throughout the nation. The unanimous decision stated that the jurisdiction of American federal courts does not end when a child has been taken to another country. That decision has brought the court into compliance with the Hague Convention on the Civil Aspects of International Child Abduction, and it is likely to help with many future military divorce rulings.
The case in question involved the parents of a 5-year-old girl; her father is an American service member and her mother is Scottish. The mother and daughter had lived in Scotland while the man was deployed to Afghanistan, but they reunited in Alabama after he returned home. The woman then chose to return with the girl to Scotland after securing a federal court order under Hague rules. That document argued that the girl's country of origin was Scotland, and so the nation was her de facto homeland. Even though the man attempted to secure a stay, the woman departed for Scotland hours after receiving permission. Child custody proceedings are still under way there.
