HD Law Partners Blog

Many patients in Florida suffering from a variety of ailments are looking forward to the potential relief they may get from approved cannabis treatments. On January 17, the Florida Health Department released draft rules for a statewide medical marijuana program. Here are just a few notable proposed rules:

These rules are not final and will likely change. The public has a chance to comment on these rules via the Department of Health website. There will also be a series of public meetings around the state.

Medical marijuana public hearings:

Jacksonville: 2-4 p.m. Feb. 6 at the Duval County Health Department, 900 University Blvd. North.

Fort Lauderdale: 10 a.m.-noon Feb. 7 at the Broward County Health Department, 780 SW 24th St.

Tampa: 9-11 a.m. Feb. 8 at the DOH Tampa Branch Laboratory, 3602 Sepctrum Blvd.

Orlando: 6-8 p.m. Feb. 8 at the Orange County Health Department, 6102 Lake Ellenor Drive.

Anyone who has gone through (or is currently going through) divorce and has children knows that one of the primary concerns is the well-being of their children and how they will get through it. Change can be especially harsh on children, especially during stages when routines are so important to their development. According to the experts, what type of response the child has can depend upon whether they are in childhood or adolescence; where divorce can sometimes increase a child’s dependence and regression, while increasing an adolescent’s independence and aggression.

That being said, there are actions you can take to help provide the support that children need during times of divorce, such as:

Communication

Encourage your children to be honest with you and articulate what they are feeling. Be a good listener and ask questions.

In addition, maintaining a good relationship with your ex and avoiding conflict can help avoid the stress that children sometimes internalize when they are exposed to that conflict, or when they feel pressured to pass messages back and forth. Children can also internalize hurt when they feel like they need to take sides and “pick” a parent’s side during times of conflict.

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.

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.

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

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

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.

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

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

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

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

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

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

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

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

What the New Foreclosure Ruling Means

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

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

The Law in Florida

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

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

Petitioning the Court

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

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

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

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

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

2. Consider couples therapy.

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

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 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.