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When it comes to businesses started during your marriage, you may not realize that, if you do not properly protect that business, it could be split with your ex in the event of divorce. Some individuals even find themselves having to give up their own shares of a company they started – allowing their ex to buy them out as part of their settlement agreement – which can bring on feelings of tremendous despair and loss. Not only could you lose your business, but you would also have to split any growth in the value of that business that occurred during the marriage.

However, it is also important to realize that this does not have to happen, as there are ways to “divorce-proof” your business – as long as you plan ahead. First and foremost, keep in mind that the best time to do this is before you get married, and if you are already married, before you can even contemplate getting a divorce.

Pre- and Postnuptial Agreements

A prenuptial agreement is one excellent instrument that can be used to do this. The written legal agreement can set anything aside—including a business started during a marriage—as separate property. Of course, any prenup agreement must be executed in accordance with the law, which means that full financial disclosure must be involved, and it must be executed before witnesses, without coercion, and where each party has their own legal representation. It also cannot be unconscionable (i.e. so unfair as to violate public policy). If it is too late for a prenuptial, a postnuptial agreement can also be entered into after marriage.

Once your fiancé signs the prenup, you will want to continue to work with your attorney to ensure that your business income is kept separate and not intermingled with marital assets. Your attorney will be able to help you ensure that everything is done by the book, so to speak.

Transferring Your Business into a Trust

Another option is to transfer your business into a trust, such as a Domestic or Foreign Asset Protection Trust. In this case, you will want to ensure that you work with an attorney who understands the nuances of business transfer like this. One of the benefits of this option is that your fiancé does not have to approve or sign anything first.

Contact Our Florida Business & Divorce Attorneys

Whether you are considering getting married or divorced, you want to make sure that you consult with an experienced family law attorney who comprehends all of your options when it comes to property division so that you are protected at every step. In the same way you obtain auto or homeowners insurance to protect yourself against loss, you should divorce-proof your business.

Contact our Florida divorce attorneys at HD Law Partners today to provide you with the guidance you need so that your business stays safe. Our attorneys are well versed in business, family, and divorce law, and the property division issues that come along with them.

Resource:

forbes.com/sites/jefflanders/2018/10/02/women-divorce-proof-your-business-now/#5782454c3bd5

While many people realize that getting a divorce while sharing minor children can be complicated, divorcing while sharing children with special needs can be even more complex because parents often have to provide for these children and arrange for their care long after the children are no longer minors.

With the rate of divorce being around 85 percent amongst families of children with special needs, this is an important topic that deserves guidance and consideration, especially amongst family and divorce attorneys who are helping these families plan for the future.

Deciding On “Best Interests” For a Child with Special Needs

Under every state law—including that of Florida’s—what is in the “best interests of the child” is what matters in terms of figuring out time sharing between parents and households. But what exactly does this mean in terms of a child with complex or severe disabilities, who may require lifetime services and support? What about a child with autism or sensory processing issues who may have a more difficult time with change and taking turns staying at one home, then another? In some circumstances, it is entirely possible that one home or parent may be better equipped to manage a child’s disability and special needs, and, frequently, additional financial support is needed in order to provide for special needs children.

Guardianships & Other Provisions after Age 18

In addition, in some instances, a child’s disability will require planning well beyond the child turning 18 and is no longer considered a “minor.” Parents may need to provide for a guardianship, execute a General Durable Power of Attorney to allow for continued assistance with financial making, and also possibly execute a Health Care Proxy to allow for continued assistance with health care issues. However, it is important to note that the child has a certain amount of control over these documents after the age of 18, and is able to name someone other than their parents to fill particular roles, if he or she chooses to do so.

Florida’s Chapter 744 is considered Florida’s “guardianship statute,” and contains most common procedure followed to establish a guardianship in the state. Deciding on guardianship for the child throughout their lifetime can be particularly complex. A guardian has the authority to make very important, life-changing decisions on behalf of the child. In some circumstances, families may want this individual to remain one particular parent, or parents may want to step back and name someone else, while being reassured that they would continue to have an active role in their child’s life, even without being a named guardian.

Florida Divorce, Time Sharing, & Guardianship Lawyers

If you live in Florida and are seeking assistance with any family law issue, including issues involving divorce and special needs children, contact our experienced family law attorneys at HD Law Partners today to find out how we can help.

Resource:

law.com/njlawjournal/2018/07/19/planning-for-special-needs-children-in-a-divorce/

According to data from the federal Office of Child Support Enforcement, more than $100 billion is currently pending in back payments owed to parents with custody of their children. In 2011 alone, unpaid child support totaled more than $14 billion.

Many people do not realize just how big of an issue failure to pay child support actually is, and this issue is only compounded when your child’s parent not only fails to pay child support, but also is also unemployed, untraceable, and/or has additional children from a separate marriage. In circumstances like these, working with an experienced family law attorney is the best way to ensure that you remain protected. Below, we discuss some steps you can take if you are owed child support:

Know Your Rights

You and your attorney should discuss your legal rights and responsibilities, as well as the pros and cons of going to court or entering into a settlement. One thing that you absolutely cannot do is prevent your ex from seeing your child in retaliation for failing to pay child support.

Figure Out the Circumstances

First, finding out why your ex is not paying child support is of paramount importance. If it is due to being unemployed or being in an accident, that is of course a different set of circumstances than your ex deliberately not paying you. With the help of an attorney, you may be able to work out a plan to receive financial assistance until they are on their feet and able to regularly fill in the gap.

Work With an Agency

Also with the assistance of your attorney, you may be able to successfully involve the state government agency that can help you with enforcement issues and in collecting child support dues garnished out of wages, if need be. You also have the option of working with a private child support agency to address any default in child support payments. Because these agencies are typically very busy and have many child support cases to handle each year, working with an attorney to make sure there is follow-up is crucial.

In Florida, once the custodial parent registers their child support court order with the state, Florida facilitates payments and enforcement actions if the noncustodial parent fails to pay child support. Wage garnishment is the primary method used by the state to collect child support payments, and if, for some reason, this method does not work, the state and federal government can take action to secure payment.

Contact Our Florida Family Law Attorneys

You and your family’s security is of importance to us at HD Law Partners. We have more than 40 years combined experience in representing Florida families involved in family law issues.Contact us today to find out how we can help you.

Resources:

t2conline.com/is-your-ex-not-paying-child-support-what-to-do-about-it/

floridarevenue.com/childsupport/contact/Pages/default.aspx

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 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/

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

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:

https://romper.com/p/cheating-5-other-things-that-surprisingly-wont-impact-a-divorce-settlement-9631931

https://leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.08.html

https://leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.075.html

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

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

HTTP Error 500.30 - ASP.NET Core app failed to start

HTTP Error 500.30 - ASP.NET Core app failed to start

Common solutions to this issue:

Troubleshooting steps:

For more guidance on diagnosing and handling these errors, visit Troubleshoot ASP.NET Core on Azure App Service and IIS.