Divorce not only brings change to your personal/family life, but to your finances as well. This is why it is crucial that you make the right financial decisions immediately before, during, and soon after your divorce, so that you are on the right track. This can be done with the assistance of an experienced family law attorney who, by knowing the ins and outs of Florida state law, can ensure that you are on the right track in embracing your new future. Without ensuring that you have informed guidance, you could end up sacrificing retirement plans and other assets you’ve worked hard to acquire.

Just between 1990 and 2010, the divorce rate amongst individuals 50 years or older doubled. Unfortunately, when these couples plan for their retirement, they do so assuming that they will be together forever; an assumption that can end up hurting both individuals. This is why working with an experienced estate planning and/or family law attorney—even before you get married—can help simply ensure that you are protected no matter what happens.

Steps to Take

Other important steps you can take—throughout your life—include the following:

• Retirement accounts: Make sure that you are signed up with your employer or start your own;
• Bank accounts: having a separate account from any joint checking and/or savings accounts can help ensure that you are protected from equitable asset division. This starts with ensuring that you also have your own source of income, even if you just start small;
• Credit: Make sure that you have your own line of credit, perhaps through your own credit card with just your name on it;
• Start budgeting: If you don’t keep a regular budget of income and expenses, start doing so. Knowing as much as possible about your financial needs will prove useful, regardless;
• Wills: Everyone needs a will, regardless of your circumstances, in order to avoid probate. Meet with an estate planning attorney and start discussing what you foresee in the future.

Some say that businesses are a good model for couples because they prepare for losses. Examining romantic relationships to see if they are also good business relationships can be a wise decision. In fact, some financial advisors even suggest that, when you do retirement planning, you contemplate what divorce planning would look like at the same time, just to make sure you are protected, should something happen.

Divorce and Estate Planning Attorneys Who Care

Regardless of where you are in your marriage and life, working with an experienced family law attorney who knows about estate planning can help ensure that you and your family are taken care of, no matter what happens in the future.

The family law attorneys at HD Law Partners have been practicing family law in Orlando and Tampa for over 50 years combined. We have a commitment to our clients in ensuring that their rights and interests are protected, especially when it comes to financial planning. Contact us today to find out more about the services we can offer you.

Tags: Estate Planning, Family Law Financial Decisions, Filing for Divorce, Florida Divorce Process, Tampa Divorce Lawyer, Tampa Divorce Lawyers, Tampa Family Law Attorney, Tampa Family Law Attorneys
Posted in Divorce | No Comments »

Over the years permanent alimony has become rare and a few states, like Florida, still have this provision. Permanent alimony is designed to provide for the needs and necessities of a former spouse to maintain the standard of living set during the marriage. Alimony may have a very important impact in a divorce. Therefore, consideration for permanent alimony is not taken lightly.

Consideration for Permanent Alimony

The Florida Family Law courts take several factors into consideration when settling on permanent alimony, including:

• Length of the marriage
• The financial resources of both parties
• The standard of living established during the marriage
• Earning capacity and capability of each spouse
• Physical and emotional health of each spouse
• Age of the dependant spouse
• Contribution to the marriage

Adjusting or Stopping Permanent Alimony in Florida

Florida Family Law courts will consider modifying or stopping permanent alimony payments if there is good reason such as:

• The alimony recipient remarries
• The alimony recipient beings living with someone who has sufficient earnings
• A change in financial circumstance for the alimony recipient or alimony payer
• Death of the alimony recipient or payer

Experienced Florida Divorce and Alimony Lawyers

Are you facing divorce and have questions regarding permanent alimony? When it’s a matter of importance, let our qualified alimony attorneys take the lead. HD Law Partner’s divorce and alimony attorneys have over 50 years of collective experience to provide you with the representation you need. Contact us today for help.

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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:

Personal Bank Accounts in a Divorce

Any bank accounts that have opened in your name only and purposely kept separate from joined checking accounts—for example, money that was inherited—will be easier to keep as non-marital property.

Home and Property Improvements in a Divorce

If you owned property prior to your marriage—or even inherited or otherwise purchased property during your marriage—demonstrate your intent to keep that property separate as your own non-marital property by ensuring that you manage it separately and that joint funds do not go into paying for the mortgage or into home improvements. Keep a very detailed log of any and all transactions related to this separate property so that you can document that it has remained non-marital property.

Protect your Businesses in a Divorce

A prenuptial agreement can help define any businesses you own to be a separate asset, but when it comes to paying taxes and business income, you will want to ensure that you consult with an experienced family law attorney to ensure that your business remains non-marital property.

A postnuptial agreement can also help define and divide property and assets between you and your spouse, or soon-to-be former spouse. The difference between a prenuptial agreement and a postnuptial agreement is that a postnuptial agreement is entered into after a couple has been legally married. Florida courts impose an additional condition upon parties seeking to enter into a postnuptial agreement: full financial disclosure.

Consult With an Experienced Florida Divorce Attorney

In fact, consulting with an experienced attorney is wise at all stages of marriage: before, during, and after. Your attorney can help you draft a prenuptial or postnuptial agreement, which lay out what properties and assets will remain separate during marriage, and also help you ensure that you are on the right track in how you are managing your assets in order to keep them as separate property.

If you or someone you know is preparing to get married or going through a separation or divorce, contact the family law attorneys at HD Law Partners today in Tampa or Sarasota. Our experienced divorce and property distribution attorneys provide the legal representation you need in these cases, ensuring that you remain protected, regardless of your particular circumstances. Get in touch and let us help you.

Resource:

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

Tags: Asset Division, Florida Property Distribution, Non-Marital Property, Postnuptial Agreements, Sarasota Family Law, Tampa Divorce Lawyer, Tampa Divorce Lawyers, Tampa Family Law Attorney, Tampa Family Law Attorneys
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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.

1. Hire an estates attorney.

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.

2. Choose your beneficiaries.

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.

3. Select an executor of your will.

The executor is the person who will make sure your wishes in your will are carried out. This job can be difficult, so you will want someone who is responsible and trustworthy. Mistakes can easily be made. It’s best to hire a professional and experienced estate attorney to be your executor; this will ensure the inheritance is correctly dispersed.

4. Pick a guardian for your children.

If you have someone in mind to appoint as guardian over your children, ask them beforehand. Your designated guardian does not have to accept. If they turn down the role, the court will appoint a guardian for you.

5. Keep your will in a safe place.

Have someone you trust know where to find your will along with any other important financial documents and passwords. Keep the original protected like storing it in a safe.

Are you considering a will or an estate plan? Our experienced family law and estate attorneys can help. Contact our offices today to schedule a free consultation.

Resource:

http://money.usnews.com/money/personal-finance/articles/2014/09/19/10-steps-to-writing-a-will

Posted in Family Law, General | No Comments »

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.

Prior to now, many lenders or judges dismissed foreclosures filed due to technicalities, such as mortgage companies failing to have a witness in place for trial, or judges finding that homeowners had been improperly served foreclosure papers, etc. When lenders eventually refiled these cases, many homeowners challenged the refiling, arguing that the refiling violated the state statute of limitations.

Just for the 2016-2017 fiscal year alone, the Office of the State Courts Administrator estimates that there will be close to 62,000 foreclosures filed statewide. This ruling may also add thousands of refiled cases onto this estimate, cases that were on hold until the state Supreme Court’s decision last month.

Homeowners delinquent with their payments are now being advised to avoid contacting their mortgage companies to find out the status of their cases. However, it is also important to note that, although the ruling allows lenders to refile cases that were initiated more than five years ago, the lenders cannot actually collect on missed payments beyond that five-year window. In other words, if a homeowner defaulted in 2007 and the foreclosure was filed in 2008 (then dismissed), if the lender now refiles the case, the lender can only collect missed payments covering 2011 to 2016, not 2007 to 2011.

Foreclosure Defense Attorneys in Tampa and Orlando

If a lender reopens a foreclosure case on a homeowner, they will need to work with an experienced attorney to ensure that the payments being sought cover the appropriate time periods and/or work with the lenders to settle these older cases, given how expensive the process of foreclosure can be. Many lenders would remark that they are eager to work with homeowners to help them keep their home.

If you are dealing with a foreclosure issue, contact HD Law Partners right away to discuss your options with one of our experienced attorneys. With offices in both Sarasota and Tampa, we serve clients all over Florida. We’re here to provide you with options.

Resource:

sun-sentinel.com/business/fl-florida-foreclosure-ruling-20161203-story.html

Tags: Facing Foreclosure, Florida Foreclosure Defense Lawyer, Florida Foreclosure Defense Lawyers, Florida Homeowners Insurance Attorney, Florida Homeowners Insurance Attorneys, Foreclosure Defense Sarasota, Foreclosure Defense Tampa, Refiling for Foreclosure
Posted in Foreclosure Defense, Homeowners Association | No Comments »

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:

• The parents’ marriage has been dissolved;
• One parent has deserted the child;
• The (minor) child was born out of wedlock (and not later determined to be born within wedlock);
• Both parents are deceased, missing, or in a persistent vegetative state;
• One parent is deceased, missing, or in a persistent vegetative state, and the other parent has been convicted of a felony or another offense involving violence which poses a substantial threat of harm to the minor child’s health or welfare.

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

• The willingness of the grandparent(s) to encourage a close relationship between the child and parent(s);
• The length and quality of the prior relationship between the child and grandparent(s), including the love, affection, and other emotional ties between the child and the grandparent, as well as any involvement the grandparent had in providing regular care and support for the child;
• The preference of the child (if the child is of sufficient maturity to express a preference);
• Any reasons cited by the parent in ending contact or visitation between the child and grandparent;
• The mental and physical health of the child and grandparent(s); and
• Various other factors necessary, given the circumstances

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 court is ultimately empowered to grant reasonable visitation to a grandparent if it finds that a parent is unfit, there is significant harm to the child, that visitation is in the best interest of the child, and that the visitation will not materially harm the parent-child relationship.

Visitation Attorneys Who Care

If you are seeking to establish visitation rights with a child—or fight them out of concern for your child—it is crucial that you work with a trusted attorney who is experienced in family law and works within the local courts such that they have an understanding of how family law proceedings work.

The family law attorneys at HD Law Partners have been practicing family law in Tampa and Orlando for over 50 years combined. We have a commitment to our clients in ensuring that their rights and interests are protected, especially when it comes to child custody and visitation issues. Contact us today to find out more about the services we can offer you and your family.

Resource:

flsenate.gov/laws/statutes/2011/752.01

Tags: Florida Family Law, Florida Visitation Lawyer, Florida Visitation Lawyers, Grandparent Visitation Rights, Tampa Family Law Attorney, Tampa Family Law Attorneys, Timesharing Arrangements, Visitation Disputes
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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.

3. Lovingly reassure the children.

Divorce can be a shocking and difficult process for children to accept. You can help your children deal with the change by encouraging them and reinforcing your love for them. Reassuring them that it’s not their fault can also bring them comfort. Never put your kids in the middle of adult matters.

4. Contact professional Florida divorce attorneys.

After giving your partner some time to absorb the news, make sure to discuss the next legal steps. The Florida divorce/family law attorneys at HD Law Partners provide knowledgeable, experienced, dedicated legal representation. Contact HD Law Partners for a free consultation on how you can make the divorce process as amicable as possible.

Resource: 

https://www.huffingtonpost.com/entry/how-to-ask-your-spouse-for-a-divorce-like-a-grownup_us_56d491e9e4b0bf0dab32f0bc

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According to a recent news investigation, a law designed to help give the disabled access in the state of Florida is potentially being used for abusive reasons. Specifically, one man in particular has allegedly filed more than 1,000 lawsuits against local Florida businesses for supposedly violating the Americans with Disabilities Act (ADA), without even first bringing his concerns to the business owners and asking that they make specific changes to their accommodations (or even being a patron of the business itself).

In fact, many business owners claim that there are “ADA testers” filing various costly lawsuits—many of them over violations that have been called trivial, such as the height of a toilet paper dispenser being—and in doing so, potentially abusing the system for a cash payout.

The Americans with Disabilities Act (ADA)

The ADA is designed to prevent employers from discriminating against hiring someone due to a disability, and mandates that businesses make reasonable accommodations such that the disabled have access to their facilities. Many have now pointed out that this second requirement is very difficult to comply with because of how specific it is currently worded in terms of the permissible heights of toilet paper dispensers and other amenities, for example. Because of this, they say, even advocates of the disabled have failed to find anything that is 100 percent compliant with the ADA.

Florida Is a Target for Fraud

Currently, Florida ranks as one of the top states for ADA noncompliance lawsuits and “drive by” testers. Close to 6,000 ADA lawsuits have been filed just over the last four years in Florida alone, and one in five of them was filed by this one person who was the subject of the investigation, Howard Cohan.

Much-Needed Reform

This has become such an issue that some U.S. representatives have taken action to introduce bills that would allow businesses 90 days to fix ADA violations before they could be sued. Some states—like California—already do provide businesses with a grace period to comply with the ADA before they can be sued. Rumor has it that states such as Arizona and Colorado are thinking of adopting similar laws. Even representatives in Florida—who have spent much of their careers advocating for disabled rights—have recognized that there is an issue with serial ADA filers and that there needs to be a grace period in place to allow for a business owner to address any potential ADA violations before being sued for them.

Professional Florida Business and Corporate Lawyers

Owning and operating a business involves dealing with a variety of different issues that could have potentially negative repercussions on your business. At HD Law Partners, our Tampa and Sarasota business & corporate law attorneys possess the legal knowledge and experience necessary to help prevent these conflicts before they occur. Our practice focuses on representing businesses and corporations in a variety of capacities, including those that may be the victims of fraudulent claims. Find out how we can help you by getting in touch today.

Resources:

wptv.com/longform/florida-businesses-in-battle-witih-so-called-serial-suers

frontpagemag.com/fpm/149369/exploiting-americans-disabilities-act-arnold-ahlert

Tags: ADA, Americans With Disabilities Act, Florida Business and Corporate Lawyer, Florida Business and Corporate Lawyers, Fraudulent Claims, Serial Claimants, Tampa Insurance Defense Attorney, Tampa Insurance Defense Attorneys
Posted in Business Corporate, Insurance Defense | No Comments »

Recently, one of the largest home builders in the nation lost a $16.3 million judgment to a condo association after the judge found that it had engaged in deceptive practices, leaving the association in poor financial condition.

The company—D.R. Horton—started developing the association—Majorca Isles Master Association in Miami Gardens—back in 2005, but decided to stop building when the recession hit. Because of this, many of the condo owners stopped paying their fees, resulting in a deficit for the association. In response, the directors appointed by Horton diverted funds to pay the expenses of the associations, breaching their fiduciary duty to the association, and ultimately shifting the economic loss of the company to the homeowners themselves by cutting services and amenities.

Developer Obligations to Associations

When Horton turned over management of all the associations to the homeowners in 2011, they had gaping holes in funding, leading to a Chapter 11 bankruptcy reorganization filing. The company also failed to keep detailed financial records and mischaracterized the income, recording unpaid assessments fraudulently as assets in order to give off the false appearance that the association was solvent, even though it was not.

This case highlights that developers have an obligation of fairness and transparency when it comes to Florida homeowners associations, and if corporate greed gets in the way of this, the courts will hold them accountable. Developers are ultimately responsible for predevelopment turnover when it comes to homeowners associations.

Florida’s Homeowner’s Association Law

Florida Statute 720 governs claims brought by Florida homeowners associations against developers. Some of the more common claims involve construction defects, property disputes, and financial irregularities. Homeowners associations are empowered to bring claims on behalf of their members with regard to issues that are of “common interest.” Typically, an association will first obtain an approval of a majority of the voting interests at a members meeting. However, it is important to go over any procedural requirements with an experienced association attorney, as there are often specific requirements included in an association’s governing documents which must be complied with before a claim can be brought against a developer.

In addition, under Florida law, all association funds held by a developer must be maintained separately in the association’s name, and developers cannot commingle any association funds with their funds or the funds of other associations.

Experienced Florida HOA/Condo/Property Management Lawyers

The Tampa & Sarasota homeowners and condominium association attorneys at HD Law Partners provide knowledgeable, experienced, and dedicated legal representation. Whether it is overseeing the everyday maintenance and contracts for a particular property or group of properties, or working to resolve a dispute and ensure that a homeowners or condo association is protected, we are here to work for you, and will ensure that you receive the professional legal services you deserve. Contact us today to set up a consultation.

Resource:

https://bizjournals.com/southflorida/news/2016/10/27/national-homebuilder-loses-16m-judgment-to-condo.html

Tags: D.R. Horton, Florida Homeowners Association Law, Florida Homeowners Insurance Lawyer, Florida Homeowners Insurance Lawyers, HOA, Homeowners Association Sarasota, Tampa Condominium Association Attorney, Tampa Condominium Association Attorneys
Posted in Homeowners Insurance | No Comments »

Although the state of Florida has abolished the concept of fault when individuals file for divorce, that doesn’t make the process of obtaining a divorce any simpler, nor does it completely eliminate the impact that an individual’s behavior during marriage has when it comes to important decisions that come out of divorce, such as property distribution, alimony, timesharing, and related issues.

In addition, many would be surprised to find out that adultery (or, rather, “living in open adultery”) is still considered to be a crime in the state of Florida, thus, it’s fair to say that behavior during marriage–regardless of what’s listed in state statute as technical grounds for dissolution–can have its effects.

The No-Fault Divorce Law in Florida

Florida being a no-fault divorce state, which means parties can dissolve their marriage by indicating that the marriage is “irretrievably broken.” When either spouse files, they must simply prove that they have been married and at least one has been a Florida resident for at least six months immediately preceding the filing date.

How Cheating Affects a Divorce

However, the reasons behind the divorce can come to affect circumstances related to property distribution, alimony, and parenting-related issues. For example, there are some opportunities whereby one spouse might be able to make the argument that the other spouse carrying on a romantic relationship during marriage could affect:

• Child custody & Timesharing: If the child being exposed to that romantic relationship could end up harming the child;
• Alimony: If the argument can be made that the affair affected the financial well-being of the spouse who would be receiving alimony payments or that the spouse applying for alimony payments does not need alimony if, post-divorce, they will be living with the individual they had an affair with; and
• Property distribution: If there is evidence that any marital property was used in furtherance or support of the affair.

Depending upon the circumstances of your case, engaging in mediation or the collaborative divorce process may be preferable so that both parties enter into a written settlement agreement that addresses their many concerns and allows them to craft very specific parenting agreements that take into account any unique circumstances or concerns.

Experienced Divorce Attorneys Serving Tampa, Orlando, Sarasota, and Surrounding Areas

If you or someone close to you is going through or contemplating a divorce, the help of an experienced family law attorney can help resolve a lot of the stress and questions that come up throughout the process, even during the very initial stages. The statutory requirements are very strict, thus one mistake could cause you to lose your rights.

Contact one of our offices at HD Law Partners in Florida to discuss your concerns and questions with one of our dedicated attorneys. We have a combined experience of 40 years in representing clients in divorce, property distribution, alimony, timesharing, and related family law issues. Our attorneys offer experienced and understanding legal guidance during this important moment in your life.

Resource

Tags: Alimony, Florida Divorce Attorney, Florida Divorce Attorneys, Infidelity, No-Fault Divorce Law, Parenting Plans, Tampa Divorce Lawyer, Tampa Divorce Lawyers
Posted in Alimony, Divorce, Property Distribution, Timesharing | No Comments »