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An Issue Of Timing

LateAt this time of year a lot of people are planning on how to spend their tax refund, and maybe planning a family vacation. But what about those that got an extension to file? What if your taxes aren’t yet due and you are in the middle of a divorce, wondering how your new marital status may affect your taxes? This is one of many reasons some couples strategically plan the time of year to finalize their divorce.

 

Obviously there are many reasons that come into play when a marriage ends, but for some it’s all about a strategically timed divorce. Common reasons for waiting until a certain time of year to begin or finalize the divorce process include:

 

● Tax benefits: filing your return as a married couple one… Continue reading

What Rights Do Dads Have?

man holding hands with kidIn today’s progressive society, more and more dads are asking for and getting full custody of their kids. And for those that aren’t, dads are asserting more rights than ever. This is not to say the role of the mother is being eliminated, but the trend in family law is definitely an increased exercise of rights by fathers. This is especially true in cases where the parents are not legally married. In that instance, it is important for the dad to know his rights, and how to exercise them properly.

The law is increasingly recognizing dads that make a case for custody, increased visitation, the right to play a greater role in the lives of their children, or just want to be treated equally. One news story puts the spotlight on this rapidly growing area of family law. Some important things for dads to… Continue reading

A Therapist’s Role In Divorce

ToughThe decision to end a marriage is never an easy one. For some couples, the decision is the result of a lot of hard work and effort to repair the relationship. For others, the need to participate in therapeutic activities after the divorce is necessary. Whatever your circumstances, therapy can play a huge role in the divorce process. A qualified counselor can help provide the tools needed to move past a painful split, can help kids adjust to a new family dynamic, and can provide invaluable emotional insight.

Most importantly, a good therapist can help you realize you are not a failure just because you divorced. Counseling sessions can also result in a renewed strength, and allow you to move forward in a way that is best for you. Articles from mental health professionals put it best. Therapy can:

● Help you identify your… Continue reading

Can I Legally Separate in Florida?

question marksThe end of a marriage does not always mean divorce. For some, the decision to legally separate rather than divorce is the right choice. There can be a host of reasons why separation is more attractive than divorce, such as when the parties desire to protect assets yet desire to live apart. When separating, the issues of child custody, visitation, and other issues usually associated with divorce also surface.

However, Florida is one of only a handful of states that do not recognize legal separation. While this does not mean you are not free to live apart and remain married, it does mean the Courts will not recognize your status as separated. And while this may seem to be a hard and fast rule, at least per the statute, there does seem to be some evidence of Florida Courts acknowledging separated couples. When making… Continue reading

Not So Civil Divorce

woman covering earsTechnically a divorce proceeding is a civil case. But there are instances where the parties may not act so civilly. Divorces can be emotionally charged, and when one of the parties acts out on that emotion the need for a restraining order may arise. The attorneys at the Ferraro Law Group are able to identify when circumstances warrant a formal request that your ex-spouse be prohibited from contacting you as opposed to the ordinary emotions that go along with changing your family’s status. When necessary, we aggressively protect you and your family by seeking orders that keep you safe.

A recent news report tells the story of one Judge’s granting of a temporary restraining order against a well-known politician. Democratic Rep. Alan Grayson was recently ordered to stay away from his wife of 24 years. Additionally, the Court gave temporary custody of the couple’s… Continue reading

Can I Make My Ex Pay Attorney Fees?

Man holding money largeIn most divorce cases you are tapped out emotionally, not to mention financially. The separation of your family does not come easy, and being left holding the bag for a hefty legal fee can add insult to injury. We work diligently to keep our fees reasonable, and when appropriate to request payment of those fees from your ex-spouse. This sensitive issue of divorce deserves attention, so you are prepared for the likely outcome.

Florida statutes do allow for payment of attorney fees by the opposing party. When making the request that fees be paid by the other side, the Court will take the following factors into consideration:

● The financial condition of the parties

● The ability to pay

● Testimony and evidence of experts

To make this request, the party seeking payment must include it in their case. A well-documented case as far as… Continue reading

The Impact of Social Media on Divorce

facebookFacebook, Twitter, Instagram, Pinterest and other social media sites offer a way to keep in touch with out of state friends and family. Being able to share life experiences with the click of a button is convenient, but in some cases can cause more harm than good. For example, your postings about your case may be produced in court by the other side. Racy photos or inappropriate remarks may be all that a Judge needs to determine custody of your children should lie with your ex-spouse.

Social media’s impact on divorce can also be felt in the following areas:

● Discovery of assets

● Impact on the amount of support and/or alimony

● Visitation

● Your right to privacy

While sites like LinkedIn may prove fruitful for your career, they may also give your soon to be ex ammunition to impute income. Posting promotions… Continue reading

Military Divorce in Florida

ArmyWhen a couple files for divorce, the issues differ from case to case. Not all marriages produce children, some couples are lucky enough to have no debt to divide, and others must tackle the issue of property division. Another unique factor is that of the military serving spouse. Divorces involving one or more service members present issues only seen when Uncle Sam is part of the mix.

A few common issues that arise for military members seeking divorce include:

● Service of process on an active duty service member

● Division of military retirement plans

While the parties will still have to decide visitation, custody, support and other issues nonmilitary members face when divorcing, perhaps one of the biggest issues is making sure an active duty member is afforded the legal protections provided them under the law. The Servicemembers Civil Relief Act… Continue reading

Remedies When Your Ex Violates Court Orders

justice scalesOrders of the Court are serious documents. The parties are expected to follow the terms ordered by the Judge, and when violations occur the responsible reaction is to hold the party in violation accountable for their actions. Seeking an Order of Contempt can serve as a wakeup call to a non-compliant ex-spouse that you are serious about abiding by what the Court has ordered and will not tolerate deviations. The Ferraro Law Group knows that circumstances change, and strict adherence to support and other obligations may not always be feasible. However, the law provides avenues for seeking changes to orders rather than allowing for outright ignoring the terms in place. When one party makes the choice to disregard a Court order instead of seeking to have a change made, we fight for your rights to remain in place. One of the tools at our disposal… Continue reading

Making Changes After Divorce is Final

plain handshakeA divorce decree is meant to be the final document that sets forth the details of the divorce between the parties. However, things can change and the need to modify orders requires competent legal counsel. The Ferraro Law Group is staffed with experienced family law attorneys that fight for your rights during the divorce case, and when your needs change after the case reaches conclusion.

Common reasons for seeking a modification include:

● A new job/changed financial circumstances

● Relocation

● Sudden illness or increased childcare expenses

Florida law requires a substantial change in circumstances to make a modification to terms in the divorce decree; most notably when the change requested involves payment of child support. In fact, making a change to property or debt division once the case is final is typically not done. In today’s economy, the inclination is to think of a… Continue reading