Archive: December 2016

Most people know they should have a will, but no one likes to think about dying. Accidents and illnesses can happen at any time, and not being prepared with a will can hurt your family. Many have the misconception that wills are only for the wealthy and your money. Wills protect more than just your assets. If you have children, a will ensures they are in good hands if something happens to you. Getting a will in place is not difficult; below are five easy steps to get started.

There are so many opportunities to make mistakes, do not choose a “do it yourself” will. Start by contacting a trusted and experienced estates attorney. HD Law Partners provides free consultations to get you started.

You will have to choose who will inherit your money, property, and possessions. This step should not take very long unless you have a complicated family structure. Have a list ready of who will get what. Your estate attorney will add it in your will.

Divorce is rarely an easy process for couples. Even for those splitting up amicably, frustration can sometimes emerge when dealing with sensitive issues such as child custody or property and asset division.

Florida abides by the principle of equitable distribution, meaning that any and all property and other assets acquired during the marriage is divided equally, unless there’s justification for an unequal distribution based on various factors, such as contributions to the marriage, the economic circumstances of the parties, etc.

However, nothing is black and white. Many people do not realize that if they commingle their own assets, those very assets can turn into marital assets (to be distributed equally). And this not only applies to property and assets, but debts incurred during the marriage by one individual as well.

If you and your spouse are separated and/or otherwise heading for divorce, there are steps you can take to help ensure that any assets you deem to be separate, non-marital property—and belonging to you—stay that way; steps such as:

Recently, the Florida Supreme Court ruled that lenders can refile foreclosure cases against homeowners who are still in default, even if the case was initiated more than five years ago (i.e. past the statute of limitations). This effectively now gives banks in the state the right to bring cases back to life, meaning that delinquent Florida homeowners may now be getting foreclosure notices after years of delay (more than five years). This latest ruling effectively provides the lenders with as much leeway as they need to start foreclosure proceedings all over again, but it’s important to note that there are caveats to the ruling in terms of foreclosure defense.

What the New Foreclosure Ruling Means

This ruling has left many homeowners concerned, as some experts have indicated that this could allow the banks to resolve open foreclosures and place more and more homes up for sale. In general, when homeowners stop making payments, many of them hope to get their mortgage modified. However, lenders have the option of, instead, filing a foreclosure action.

Unfortunately, sometimes when there is divorce and/or death within a family, there are also visitation-related disputes. While the courts will always be most concerned with what is in the best interests of the child, it is also important to note that grandparents do have certain visitation rights under some circumstances.

The Law in Florida

When it is in the best interests of the child, the court will award reasonable rights of visitation to a grandparent if:

In determining a child’s best interests, the court considers the following factors:

Petitioning the Court

If a grandparent wishes to obtain court-ordered visitation with the grandchild, they would petition the court for visitation, whereby the court would then hold a preliminary hearing to determine if the petitioner/grandparent has made a prima facie showing of parental unfitness or significant harm to the child.

If the court finds that there is evidence of significant harm to the child, it may appoint a guardian ad litem and refer the matter to family mediation. The court can also proceed with a final hearing if family mediation does not resolve the issue.

The divorce process can be dreadful or astonishingly cordial. Much of how your divorce goes may depend on the steps you take leading up to it. Below are four steps that may help if you wish to split up with your significant other on an amicable basis.

1. Gradually tell your spouse you are considering a divorce.

You can’t disappear your way out of a marriage. It’s best to reveal to your spouse, sooner than later, about any internalized feelings you have. Divorce can be devastating so bringing the conversation up gradually can lessen the blow. Talk about your unhappiness with your spouse several times before serving divorce papers.

2. Consider couples therapy.

If your spouse insists on therapy, you owe it to your marriage and children to do so before filing the divorce. Couples therapy may help your spouse come to the conclusion that a divorce is necessary. Therapy may help the divorce process go smoothly and lovingly.