On August 30, Fatherly published a heartwarming story submitted by a reader that many divorced or close-to-divorced fathers—and parents in general—would likely find it is an interesting and worthwhile read.
The submission chronicles the story of a father who was thrown off—or rather, immobilized—upon hearing that his wife and mother of his children wanted a divorce. As he describes, divorce especially crushed him because he himself did not have a father figure growing up, and his one goal in life was to be a good father.
Below, we discuss some of the “lessons learned” from fathers who describe becoming better fathers—and sometimes even men—due to their divorce.
Lessons Learned
Up front, the author directly addresses things he should have done differently in his marriage with his ex—talking more, being more affectionate, going on dates, taking vacations, each spouse putting each other first, etc., and what it was like to finally find a partner—a true connection—to share his life with after his divorce. Ultimately, he states that being divorced taught him to be a better father—to value the time he spends with his children even more—and to ultimately put family before work.
“The Kids Will Be Okay”
The story—like many of this nature—can be sad, but also provides lessons learned that the author hopes other dads who find themselves in the same situation can learn from, the most important being that “the kids will be okay.” From kids who end up taking on parental responsibilities, or are sad, or angry, many also eventually learn how to better communicate and control their emotions after divorce if the right support is provided.
He Isn’t Alone
Believe it or not, men becoming better parents post-divorce is actually a growing trend. Many describe themselves as being consumed by work at the expense of family life while they are married, which is often justified by the belief that they are providing the financial stability their children need. For many, divorce is that shock wave that forces them to take stock of who they are and what success should look like, leading them to realize that providing for one’s children isn’t enough; and that fathers should also “be more to them.”
The law is also following along in the shared belief that fathers are just as important as mothers in their children’s lives: courts are more willing to grant joint legal custody, especially given that a federal study showed that men paid child support 90 percent of the time when they had joint custody and less than 45 percent of the time when the mother had sole custody.
Florida Divorce & Child Support Attorneys
If you are contemplating divorce, speaking with a legal expert can be a first step in ensuring that you are doing everything necessary to protect yourself, your family, and their future. Contact our Florida divorce attorneys at HD Law Partners today for a free consultation to find out more.
Resources:
fatherly.com/love-money/divorce-made-me-better-father-man/
huffingtonpost.com/jill-brooke/do-men-become-better-or-w_b_236575.html
Hurricane Irma’s Devastation Still Not Completely Repaired, Even As We Approach Hurricane Season
Hurricane Irma cost the state of Florida approximately 2 million visitors and a loss of $1.5 billion in visitor spending. According to analyses, most waterfront tourism destinations also saw dramatic declines in the days immediately before the hurricane hit, which must also be taken into account in determining total lost income due to the storm event.
These statistics indicate just how important it is for hurricane claim insurance companies to thoroughly compensate businesses for damages, including lost business income, especially as we start to prepare for the next hurricane season.
South Florida Hotels Hit Hard
Perhaps no business owners feel this loss more than South Florida hotels, some of which have still not reopened due to significant water damage. In the days before the storm hit, a lot was done to move everything that was outside inside, as well as take other precautions that undoubtedly interfered with guests staying there, including staff and guests evacuating the hotel. The storm did damage to guestroom buildings, spas, drywall, paint, carpeting, and furniture, leading to mold and mildew, and occupancy inevitably plummeted long after the storm passed.
Expensive Construction Permits Affecting All Businesses
Unfortunately, Irma has not just affected the tourism side of business, but the entire South Florida construction injury, as the cost of obtaining construction permits have doubled. Even while businesses and residents obtain their roof permits, work still cannot be done because there is now a major tile backlog, leaving a number of people without protection on their roofs while the next hurricane season quickly approaches.
Keys Residents Struggling To Rebuild
In addition, a number of Florida Key residents continue to struggle to rebuild their homes and lives almost one year after the category four storm, especially areas like Big Pine Key and Marathon. A number of these dwellings still have a significant amount of damages from five feet of water coming in during Irma, and cannot be reopened or occupied yet.
Florida Hurricane Claim Insurance Attorneys
If your business or residence has suffered from damage due to hurricane Irma or another disaster, remember that your first point of communication with the hurricane insurance company is very important. You will want to keep the following in mind:
- Keep all communication in writing;
- Keep detailed notes on everything that is discussed and keep these with all of your past records;
- Document damages thoroughly and err on the side of including versus excluding something;
- Do not consent to being recorded in any dealings with the insurance company;
- Read all of your policy documents carefully; and
- Value any and all witnesses.
Work with one of our experienced Florida hurricane insurance attorneys at HD Law Partners today to file an insurance claim in order to ensure that your claim is not unfairly denied.
Resources:
hotelmanagement.net/operate/one-year-later-florida-hotels-take-stock-irma-s-effects
bradenton.com/news/state/florida/article216477095.html
winknews.com/2018/08/20/marco-island-construction-permits-double-in-wake-of-irma/
Homeowners’ Associations & Exterior Changes
On July 6, the Washington Post featured an important article on homeowners’ association rules governing exterior changes, and why it is important that they be followed. Many owners ignore processes put in place by an association’s architectural control committee, even though the association’s declaration of covenants requires advance approval before additional or changes can be made—approval processes that are in place for every homeowners’ association, and for good reason.
While the scope of each of these architectural committees varies depending upon the association, most associations have them in order to preserve balance and uniformity within the association. Before each individual owner does any exterior work, they typically have to seek advance approval from this committee so that the committee can preserve a harmonious design for the community and protect the value of the property itself.
Covenants Rule
While individual owners may disagree with the concept of external uniformity, if the association documents require it, it is binding. This is why it is so important for owners to take a close look at these documents before buying into an association.
Outside of exterior work, the board of directors also typically reserves the right to review any major construction occurring within a unit so as to ensure that licensed contractors are being used, the proper permits have been obtained, and there is adequate insurance in place to cover any potential mishaps.
… As Long As the Guidelines Are Proper
Courts have upheld the power of covenants to be valid and enforceable against individual owners as long as they are clear and spell out the standards. This requires more than just writing in that owners must obtain written approval from the architectural committee before making exterior changes; but rather, putting forth very specific guidelines so that both the owner and those conducting the review have actual objective standards by which to compare the proposed change.
This is why homeowners’ associations want to ensure that they work with an experienced homeowners’ association attorney in their area, who knows how to ensure that the covenants are properly developed and articulated in accordance with what the law requires. These specific guidelines are either automatically contained in association documents, or they are drafted and approved by a majority of the homeowners.
Properly Applying the Rules
When it comes to individual homeowners contesting architectural standards, the following rules must be applied in order for the association to prevail:
- The standards must be applied consistently, fairly, and in good faith. If the committee chooses not to enforce a particular covenant in one case, it may be prohibited from doing so in another;
- The committee must act swiftly in addressing any issue or deviation from the standards (i.e. it cannot wait six months, for example, to file suit against unauthorized construction). The association documents will frequently dictate how long the committee has to make a given decision on these types of issues.
Florida Homeowners’ Association Attorneys
Homeowners’ associations will often spend a considerable amount of money in litigation that could have been avoided had they simply consulted a homeowners’ association attorney in drafting their association covenants and guidelines. For assistance in ensuring your association is protected, contact our Florida homeowners’ association attorneys at HD Law Partners today.
Resource:
washingtonpost.com/realestate/homeowners-association-rules-governing-exterior-changes-cannot-be-ignored/2018/07/03/1a3172c0-7400-11e8-b4b7-308400242c2e_story.html?noredirect=on&utm_term=.0c0ec7ddc254
What Will And Will Not Impact A Divorce Settlement?
People tend to make a lot of assumptions when it comes to divorce, assumptions that can either leave you surprised and in a bind, or looking bad to a court, depending upon what activities you engaged in.
Below, we discuss some factors, issues, and behaviors that surprisingly do not impact divorce settlements.
Florida’s Equitable Distribution of Property & Alimony
Florida has what’s known as an “equitable distribution” policy; meaning that marital property is fairly divided between the divorcing parties. Therefore, even if you have been a stay-at-home parent or vice versa—you have been working more—this does not mean that the one earning the money ends up with a larger overall share.
Alimony is a sum of money, lump sum or over a period of time, which a husband or wife is required to pay to his or her former spouse after a divorce and ordered by the court. In fact, in deciding alimony, courts may consider the following:
- All sources of income available to the parties, including each party’s income through various sources, including investments, financial resources, etc.;
- The earning capacities of each party, including any necessary education or training to attain employment;
- The contribution of each party to the marriage (including if either was a stay-at-home parent);
- The standard of living established during the marriage;
- The duration of the marriage;
- The age and emotional and physical condition of each party;
- The responsibilities each party will have with respect to any children that they share;
- The tax consequences of any alimony award; and
- Any other factors necessary to do justice and equity between the parties.
Also keep in mind that not every inheritance that you receive during your marriage turns into fair game for your divorce negotiations; in fact, the law dictates that as long as this asset is kept separate and was not commingled with marital assets, it can be classified as a non-marital asset to which the non-owning spouse does not have access. If this is of concern, you will want to ensure that you work with an experienced divorce attorney to keep it separate from your shared accounts or assets, regardless of what stage you are at in thinking about or negotiating a divorce settlement.
Adultery
Although Florida courts may consider either spouse’s adultery to determine whether to award “spousal support” (i.e. alimony), if the spouse who cheated did not spend money on the extramarital affair, it may not impact how much of the estate that spouse receives.
Experienced Florida Divorce Attorneys
Divorce can get both complicated and confusing. Sometimes property is divided equitably; while other times it is found to qualify as separate property. Regardless, consulting with an experienced attorney is absolutely essential if you expect to protect yourself as you contemplate divorce and potentially enter negotiations for a divorce agreement. Contact our experienced Florida divorce attorneys at HD Law Partners today to find out more.
Resources:
Unfortunately, homeowners’ and condo association lawsuits against Florida construction companies and developers for construction defects and other abuses (breach of implied warranties, negligence counts, violation of minimum building codes, etc.) are far too common.
In June, when the “Loft 2” condominium in downtown Miami was constructed with some serious flaws—such as defects in the air conditioning, heating, and ventilation, and malfunctioning fire sprinkler heads—the association filed a lawsuit against the general contractor, Whiting-Turner Contracting Co., as well as a number of associated subcontractors, such as the fire sprinkler contractor, Century Fire Protection Inc., alleging the companies failed to build the condo according to building plans and Florida Building Code standards. Other problems facing the association included defective longitudinal seam welds in the piping, improperly condensed water systems, lack of water treatment, premature unit pump failures, and rusting and scaling of pipes; all of which failed to meet minimum standards. Below, we discuss some of these claims in greater detail.
Plugged Sprinklers, Property Damage, & Safety Concerns
According to a report produced by engineers who inspected the building for construction defects, approximately 90 percent of the fire sprinklers were plugged. According to the complaint, as a result of the defects, the Miami Fire Department had to place an emergency fire watch on the condo association in case a fire broke out and the sprinkler heads failed to operate throughout the building.
Unfortunately, residents also suffer when these types of construction defects occur: defects like these can cause deterioration of and damage to pumps, heat pumps, drywall, and insulation. The HVAC system and related problems have also led to peeling paint, water intrusion, and general property damage.
When the Defendant Company Blames another (Third) Party
These lawsuits can get complicated and confusing when the contractor turns around and sues the subcontractor for breach of building codes, breach of contract counts, contractual indemnity, and common law indemnity, claiming that they had an agreement whereby the contractor would be held harmless and indemnified if issues arose with respect to the subcontractor’s work.
The companies being sued are also arguing that a previous settlement between the association, developer, and general contractor settled issues concerning the defects after the structural report, and prevents the association from raising issue with some of the structural issues described in its complaint. Whiting-Turner is also claiming that some of the association’s claims are barred by the statute of limitations and that the association itself might be liable for some of the damage because it allegedly failed to conduct routine maintenance on the systems.
Florida Homeowners’ and Condo Association Attorneys
If you are a condo or homeowners’ association that has been wronged with respect to construction or another contract, having the right lawyer on your side is absolutely essential.
At HD Law Partners, our Florida homeowners’ association attorneys provide this proactive legal representation you can count on; contact us today to find out more.
Resources:
https://law.com/dailybusinessreview/2018/06/21/construction-defects-alleged-at-miamis-loft-2-condos
https://codes.iccsafe.org/public/document/FBC2017/chapter-35-referenced-standards
Viewing Divorce As A Success Instead Of Failure
An interesting article featured in This Insider on June 16th presented a new perspective on divorce; one that reflects marriage as a success instead of a failure. This is rooted in the concept that, if one of the best outcomes of marriage is personal growth, growing out of the relationship is simply one path that growth might take. Instead of change being fearful, it can, instead, be embraced.
In other words, if marriage exposes your selfishness and immaturity, and continually demands that you grow in ways you could not have anticipated, sometimes both partners change so drastically that they realize their marriage isn’t helping them live the life they’d like to.
Learning When It’s Time to Make a Change
A marriage that ends in divorce can ultimately teach you about yourself and how you behave in relationships, and deciding to leave one when it is unfulfilling can even be likened to leaving a dead-end job; it means that you knew when it was time to make a change. Conversely, what could be considered a failure is staying in a marriage—or similar situation—that is “sucking the life out of you.”
Not Waiting Until the Point Of No Return
For many, the trouble begins in waiting too long to seek help once problems start to occur. According to some couples therapists cited to in the article, if couples get to the point where they are displaying too much contempt for each other, it could be too late.
Ready For a Change
Rarely do therapists explicitly advise couples to divorce or stay together, as it is commonly accepted that that decision must be made by the individuals involved on their own. Rather, the therapist is more likely to inform the couple that, in their opinion, the therapy is not working, and ask them how ready they are to make a change. However, many report that, once couples come to the realization that change in the form of divorce is needed; many seem “relieved.”
A List of the “Positives”
Many experts cite the following positive outcomes that can come from the decision to end your relationship:
- Teaching your children that everyone changes and it is better to end an unhappy relationship than to stay in one;
- Research shows that decreasing stress helps to restore vital cells through improving lifestyle changes; and
- Divorce helps you learn about yourself and develop self-confidence.
- Find the Right Florida Divorce Lawyer
If you are ready for a change and considering divorce, working with an experienced divorce attorney is absolutely necessary in order to ensure that you and your family are protected. Contact our experienced divorce attorneys at HD Law Partners today to find out how we can help guide you through this difficult process and held to ensure that your rights and interests are protected.
Resource:
https://thisisinsider.com/marriage-divorce-successful-relationship-2018-6
In late May, Coastal Breeze News featured an important article discussing when homeowners have tried for long enough to settle their Hurricane Irma claims with their insurance carriers, and whether there has been insurance bad faith. Below, we discuss this issue in greater detail.
Florida Homeowner Claims Bill of Rights
Florida has what’s known as the Homeowner Claims Bill of Rights, which every insurance company providing residential property insurance policies must provide to homeowners within 14 days of receiving any initial communication related to a claim (with the exception of any “state of emergency” declared by the Governor).
Specifically, the Bill of Rights provides that you have the right to:
- Receive acknowledgment of the reported claim within 14 days;
- Confirmation that your claim is covered, partially covered, denied, or being investigated within 30 days after you have submitted your proof-of-loss statement to your insurance company, upon written request;
- Receive full settlement or payment for the claim or undisputed portion of claim, or denial, within 90 days (subject to any dual interest in the policy);
- Free mediation, courtesy of the Florida Department of Financial Services, Division of Consumer Services;
- If your damage is caused by a sinkhole and covered by your policy, and your claim is disputed, neutral evaluation of your disputed claim; and
- Assistance from the Florida Department of Financial Services, Division of Consumer Services, if needed.
The Bill of Rights also provides a number of recommendations, including:
- Making sure that you first contact your insurance company before hiring any contractors or entering into any contracts for repairs;
- Take photographs and document any emergency repairs that are necessary to do to prevent further damage;
- Carefully read any and all contracts regarding pay-out-of-pocket expenses or fees based on insurance proceed percentages;
- Confirm that any contractors you hire are licensed in Florida and have proof of insurance; and
- Making sure that you take any and all precautionary measures (such as turning off the gas, water, etc.) if the damage requires you to leave your home.
Note, however, that the Bill of Rights does not create a civil cause of action against an insurer. When an insurance company acts in bad faith, a separate law in Florida creates a statutory bad faith cause of action against the insurance company which allows homeowners to recover costs and attorneys’ fees if they prevail. Still, it is wise to work with an experienced attorney to first file a Civil Remedy Notice with the Florida Department of Financial Services that the insurance company is acting in bad faith.
Florida Homeowners’ Attorneys
It has been more than eight months since Hurricane Irma. If you are still fighting your insurance company, contact our attorneys at HD Law Partners to discuss how we can help.
Resources:
coastalbreezenews.com/articles/homeowners-face-insurance-bad-faith/
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0600-0699/0624/Sections/0624.155.html
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0600-0699/0627/Sections/0627.7142.html

Sadly, many Florida homeowners and condominium associations are being given the same disappointing answer from their insurance companies after suffering significant damage from Hurricane Irma: the insurance company thinks that patchwork repairs are enough to fix the problem, while contractors indicate that a complete replacement is necessary.
Unfortunately, these battles are now preventing many from moving forward and getting property damage addressed, leading to many to turn to attorneys to assist with ensuring that the insured’s rights under the insurance policy are enforced.
Flood Insurance Can Be Tricky
One of the most common issues we hear about is being provided different instructions by different people from the insurance companies, and having to resend flood insurance claims several times as a result. Although many insurance agents sell these flood policies, a lot of them still do not have experience with the national flood insurance, which can lead to issues later on in getting claims addressed.
With other flood-related claims, people are sometimes told that they cannot file claims at all because they only have coverage for the contents in the home, “loss of use” coverage in case their home suffers such significant damage that they can no longer live in it, and coverage for the home’s structure.
Some Issues Cannot Be Repaired
The problem is that few insurance companies are willing to admit that “loss of use” has been satisfied, and officially find that a home needs to be rebuilt, not repaired. Certain types of structural damage simply cannot be fixed, leading many to move on past trying to deal with their insurance companies and, instead, filing a dispute with the Federal Emergency Management Agency (FEMA), asking the agency to declare their homes to be a total loss. Unfortunately, FEMA is dealing with so many similar claims that the backlog alone means that people won’t hear back for months on end, leading many to simply take the flood insurance funds that they receive to pay down their mortgage to lessen the cost of the inevitable: ultimately demolishing and rebuilding their home.
Prepare Yourself: Prevent Surprises
Understanding the limits of your coverage before disaster strikes is crucial, as many people only take out $10,000 worth of insurance to cover contents, and then, due to unexpected flooding, end up claiming $22,000 in loss.
Flood insurance policies also do not tend to cover temporary housing, to the surprise of many families.
Florida Hurricane Insurance Claim Attorneys Serving Property Owners
If your home or association suffered damage due to a hurricane, contact one of our Fort Myers hurricane insurance attorneys today to find out how we can help. The hurricane insurance claim attorneys of HD Law Partners know what it takes to win cases against big insurance companies—we’re here to help.
Resource:
news4jax.com/consumer/insurance-confusion-whats-covered-whats-not-after-hurricane

One of the biggest concerns that many couples who share children have is how divorce could possibly affect their children; specifically, whether pursuing a divorce could interfere with their child’s ability to afford a college education. Below, we discuss how you can prevent your divorce from interfering with this important aspect of your family’s life.
Everyone Should Have a Plan
According to a recent study by Ameritrade, two-thirds of married couples do not have a financial plan in place, even in the event of a spouse’s death. With college costs increasing approximately three percent per year and four out of 10 marriages ending in divorce, this is beyond shocking. The average cost to attend a public, in-state school is $20,770 per year, and a private college costs approximately $46,950. Thus, even without the prospect of divorce, parents need to plan in order to afford college, especially because immediate family costs usually trump saving funds for a college education.
What the Law Dictates
When it comes to divorce, the law does not mandate that parents pay for college if those finances are not available. Courts are interested in what’s in the child’s best interest, which means the best school the child can get into if that’s where they want to go. However, divorce agreements can address who pays for college, and many do build in a maximum of five years for making college payments if college payments are addressed.
Still, married couples, those contemplating divorce, and already divorced parents should re-evaluate whether their children plan to attend public or private school, as well as the availability of deferment, discounts for multiple children, grants, scholarships, and student loans.
529 Plans
The best way to save for a college fund is through a 529 plan, and to establish one prior to entering divorce proceedings, as the money is never taxed as long as it is used for education purposes. These plans are typically owned by one parent; thus, if a couple seeks a divorce, it is crucial that very specific plans for the 529 account be made in the divorce agreement.
One option for the 529 account is to split it in two or at least make it possible for both parents to monitor the account.
Florida Divorce Attorneys Who Can Help
If you and your spouse live in Florida and are seeking to dissolve your marriage, you should work with an experienced divorce attorney who will help ensure that you and your children are taken care of. Many attorneys work with financial advisors during the divorce proceeding in order to ensure that all of this is properly taken care of.
Our Florida attorneys at HD Law Partners have extensive experience in helping couples throughout Orlando, Sarasota, Tampa, and surrounding areas ensure that everything is planned for. Contact us today to find out more.
Resource:
cnbc.com/2018/05/18/how-to-keep-your-divorce-from-sabotaging-your-childrens-college-education.html

It is easy to be bombarded by information here and there about how divorce leads to more complicated financial circumstances. However, if you do it right—and work with the right attorney—you can complete the process without placing a financial strain on your family. Below, we discuss some of the pointers to keep in mind as you approach the divorce process:
Interview Several Different Attorneys
Make sure that you do your homework when it comes to selecting your divorce attorney. Don’t just take one person’s recommendation or work with the first person who comes up online; instead, interview several different attorneys and note who is paying attention, providing you with detailed information on how billing works, etc.
Trust your intuition when it comes to deciding who you are comfortable with. If you sign an engagement letter, make sure that you and your attorney are very clear on what the hourly rate will be. Also make sure to ask whether the attorney works with any junior attorneys and/or paralegals, as that can sometimes lower the overall costs.
Do Your Research & Stay Organized
Note that the more research and work you do on your own case, the fewer costs you will have to incur with your attorney. This involves keeping a binder of documents, staying organized, grouping your questions together and sending them to your attorney all at once instead of individually, etc.
Know Your Options
Also keep in mind that divorce does not necessarily equal litigation: You always have the option of working with your attorney to pursue collaborative divorce or mediation if your priority is to stay out of court. Note, however, that in order for these methods to work, you eventually have to come to a deal and ensure that you and your attorney have minimized any financial blind spots that might spring up along the way.
Keep Your Head Clear & Your Eyes on the Prize
Overall, keeping your eye on the big picture and being willing to negotiate will help you and your attorney facilitate the divorce process. Also note that, because every couple and family is different, what worked for a friend’s divorce isn’t necessarily what will work for yours. Keeping your head clear and doing what you need to do in order to stay relaxed can help keep things moving smoothly and prevent costs.
Know That Better Times Are Ahead
There was recently an op-ed in the news titled “divorce made me a better mother.” Amidst all the many messages you may be inadvertently receiving concerning the toll that divorce can take on a family, keep in mind that many people feel saner once that the stress of a difficult relationship is out of their lives.
Contact Us for Help
The attorneys at HD Law Partners are devoted to our Florida clients going through a divorce. Contact us today with your divorce questions—we serve Orlando, Sarasota, Tampa, and surrounding areas.
Resources:
cnbc.com/2018/05/10/how-to-get-a-divorce-without-going-broke.html
nydailynews.com/opinion/divorce-made-better-mother-article-1.3985178

