Family Law Blog

5 Most Common Questions about Divorce

Coping with DivorceNot a day goes by without at least one or more of these questions.  We hope this list will help you in your decision.

1) Is my spouse entitled to half of everything I own?

Generally speaking, yes. Most assets acquired during the marriage are considered marital property and are subject to equitable distribution.  Pre-marital assets are usually considered separate property and would not be entitled to the other spouse at the time of divorce. Also, an inheritance that is not co-mingled with marital funds, or real estate inherited that does not include the spouses name on the title, would normally be considered separate property and would not be entitled to the other spouse as well. read more

How to Get a Motion for Temporary Relief in a Divorce During COVID Times

Our West Palm Beach Divorce Lawyer Explains Motions for Temporary Relief

The spread of COVID-19 is responsible for putting millions of Americans in a difficult financial situation. More than 50 million people have filed for unemployment since the start of the pandemic earlier this year. For people going through a divorce in Florida, their financial situation may be especially precarious.

Issues surrounding child support or alimony may exacerbate financial problems, such as paying a mortgage, rent or insurance premium. Fortunately, there are ways to obtain a motion for temporary relief in Florida. read more

Understanding Child Support Modifications in Florida

Our Experienced Child Support Lawyer Explains Modifications

Woman workout out a child support modificationIf you are a parent of a child, then you may have to pay child support after a divorce. Florida divorce courts base your monthly child support payments on your income, your former spouse’s income and your child’s necessary expenses, daycare costs, health insurance costs, and overnight timesharing. The court may determine your monthly child support payments based on your child’s health, necessary expenses, and special needs.

However, it is not uncommon for parents to be contemptuous of each other after the court determines monthly payments for child support. One parent may feel the amount is not sufficient for covering the child’s needs, while the other parent may feel the amount is too much. read more

Can I Obtain Sole Parental Responsibility in Florida?

Are you going through an emotionally painful divorce? If so, then you should prepare yourself for a tense legal battle. You and your spouse may fight over many issues. This could include the creation of a child custody arrangement. A divorce lawyer in West Palm Beach, Florida can help you navigate this difficult time. He or she can tell you whether obtaining sole parental responsibility in Florida is a realistic goal.

Sole Custody in Florida No Longer Exists

Unfortunately, sole custody in Florida no longer exists. Florida family courts have not awarded a spouse sole custody since 2008. In most cases, you cannot prevent your spouse from maintaining a relationship with his or her child. However, you can limit the amount of responsibility and time sharing your spouse receives. A divorce attorney in West Palm Beach, Florida can help you pursue this outcome during your child custody hearing. read more

3 Reasons to Hire an Attorney in Your Divorce Case

Divorce Case LawyerThere are at least three different circumstances that commonly lead to hiring an expert in divorce cases.  Hidden assets, alimony, and child custody are all areas of a divorce that may benefit from the insights an expert can provide.  Not every type of expert will be necessary in every in type of case, however, in the right case, one or more experts can have a profound impact on the results.

Hidden Assets

It is never a good idea to hide assets from your lawyer or your spouse’s lawyer during a divorce.  However, sometimes, people do it.  A forensic accountant has the skills necessary to identify and track down hidden assets.  This is important because property division should be equitable under the law.  Without a complete picture of all the assets, the parties and the court cannot fairly divide the property.  A forensic accountant reviews income, retirement accounts, business records, and other data to make a determination about potential hidden assets. read more

The Link Between Coronavirus and Divorce

As more couples self-isolate to stop the spread of coronavirus, relationship experts expect an increase in divorces. When a relationship is already strained, prolonged periods of togetherness could result in explosive arguments and general trouble. For some, the time together might rekindle lost passion or help improve their marriage. However, for other couples, extensive time together could end in divorce. Seeking a divorce in Florida during a lockdown could be difficult, but not necessarily impossible. read more

Divorce: What Do We Tell the Children?

Children and Divorce Lawyers

Telling the children about the divorce is often cited as the most dreaded part of the divorce process by parents.  In fact, 75 % of parents spend 10 minutes or less telling the children about the divorce.  Before you tell your children about the divorce, consider spending some time making a game plan with your spouse.

At Eric C. Cheshire, P.A., we recognize there are no easy answers when it comes to telling your children about the divorce. However, we do offer the suggestions provided below, as well as those in the previous blog post, for your consideration as you contemplate how you will tell your children about the divorce. read more

Taxes and Divorce: When Do You File Alone?

Picture of woman calculating taxesFiling taxes can be a daunting task. In the United States, there are currently five filing options. These options include:

  • Single;
  • Married filing jointly;
  • Married filing separately;
  • Head of household; and
  • Qualifying widow(er) with dependent child.

Determining which filing status to use depends on many different factors. First, your marital status on the last day of December dictates your marital status for tax purposes for the entire year. If your divorce was finalized on or before December 31, then you cannot file jointly.

Consequently, if your divorce is not final, you may choose to file:

  • Married filing jointly
  • Married filing separately
  • Single under certain circumstances

According to U.S. Code § 7703 (a) (2), if you are legally separated from your spouse “under a decree of divorce or of separate maintenance” you are not considered married and may file as single.  However, do not presume you are “legally separated” because you are living apart and a divorce is in the works. read more

Understanding Florida Custody Relocation Laws

Picture of co-parent conflictThere are numerous reasons why a parent may wish to relocate with his or her children. A new job, a new marriage or moving closer to your family can all be good reasons to move. However, if you share custody, relocating with your children in Florida is not easy. Child relocation in Florida is only allowed in certain situations, and only when it is in the best interests of the children.

Florida child relocation laws are complex. Before deciding to move with your children, it is important to understand child relocation. It is also important to familiarize yourself with all the Florida child relocation statutes. Education and preparation will give you the best chances of relocating with your children, even if the other parent is unsupportive. Our experienced West Palm Beach child custody lawyer can review your situation and help you improve your chances of winning your child relocation case. read more

Is Florida a Community Property State for Divorce?

Picture of concept of divorce and property divisionDivorce is never easy. Dividing your assets and property can be stressful in even the best circumstances. During a divorce, property division often becomes a contentious issue. Who will get the marital home? How will the judge decide to divide your property? Is Florida a community property state?

What Is Community Property?

Community property states consider both spouses to co-own all marital assets and debts jointly. These states distribute marital property and debts in half. There are 10 community property states in the country. Florida is not a community property state. Florida follows the equitable distribution rule. read more