Keep her away from my kids!

I am often presented with issues from my clients that are in the midst of a divorce for which there are no easy answers. The most common and most frustrating non-legal issue is dealing with the husband or wife introducing the children to the new girlfriend or boyfriend. Unfortunately, unless the new person is a violent criminal or sex offender, there is little that can legally be done to stop the introduction. This can be extremely difficult for parents to accept.  Although the judge typically will not enter an order prohibiting the contact absent extraordinary circumstances, it can influence the judge’s ultimate decision if one of the parents is not using good common sense. Aside from the stress that it can cause the other parent, the judges understand that it is not good for the children to have new people in their lives too early, or worse yet, to have several new people in and out of their lives in the span of a short time.

If you are faced with this situation, try to remember to focus on whether the new boyfriend or girlfriend interacts with your children in a positive way or whether it is detrimental. Do not let your anger guide those feelings. What you must understand is that there is no bond stronger that that between a parent and child, and no new person will threaten that bond.

If you have questions regarding your family law matter, please contact The Law Offices of Wade P. Luther, P.A. at (407) 835-9900 or visit:

http://familylawoforlando.com

Do I need a divorce lawyer?

Many people facing a separation or divorce ask themselves if they need a divorce attorney. Many factors must be considered to determine if you can maneuver the legal maze and obtain a favorable result for yourself.

Often people underestimate the complexity of filing and completing their own divorce. Many times people think that they will simply be able to “explain” everything to the judge. Unfortunately, the rules of evidence can be quite complicated. Many times litigants become frustrated in court when the other side successfully objects to what is being said. They often leave court feeling like the judge would not listen, even though the judge was simply following the rules of evidence.

Generally, most people agree that if custody, support and/or significant assets are an issue, it is always best to have a divorce lawyer represent you. Of course, in those cases where a litigant simply cannot afford to hire an attorney, filing for divorce on your own may be your only option.

If you need an experienced Orlando Divorce Lawyer to assist you with your divorce or family law matter, please contact: The Law Offices of Wade P. Luther, P.A. at (407) 835-9900, or visit:

www.FamilyLawofOrlando.com

How Can I Move Out of Florida with my Child?

More and more in today's society, parents either want or need to Relocate from Florida with the child. Whether it is a job transfer, educational opportunity, remarriage or other reason, Relocation is a prevalent issue. Florida's Child Relocation Statute is very technical, places specific responsibilities on the Relocating parent and provides for specific and somewhat harsh penalties for failing to comply with the Statute. Very specific petitions and notices must be filed prior to the Relocation with the child. If you are the non-relocating parent, a specific and timely objection must be filed to prevent your child from being relocated without a court hearing.
Although there are many specific statutory factors that the judge must consider, the overall standard is the "best interests of the child". Too many times I see parents who attempt to focus on the benefits or detriment to them of the Child Relocating. The Florida Relocation Statutes are clear that the parents who want to Relocate must show how the move will benefit or harm the child, not the parent.
Relocation cases often have lifelong consequences for the child and the parents. If you have a Relocation issue, it is important to have an Experienced Family Law Lawyer on your side who understands the legal standard required and who has the skills and experience to present your Relocation case to the judge.
If you have questions regarding whether a prenuptial agreement would be beneficial for you, please contact The Law Offices of Wade P. Luther, P.A. at (407) 835-9900 or visit

http://familylawoforlando.com

How to Find a Good Orlando Divorce Lawyer

Having an experienced Orlando Divorce Attorney to assist you through a divorce can make a world of difference. With today’s economy, many attorneys who previously had no divorce or family law experience are taking those cases to try to supplement their revenues until the economy picks up.

Although a recommendation from a friend is often the best way to find a good attorney, that is sometimes hard to obtain. Most times, people do not really want to discuss their marital issues with too many people. If a personal recommendation for a divorce attorney is not available, then do some internet research.

When looking for a family law attorney, look to see how many practice areas that the attorney lists. Many times, the lawyer’s website will list practice areas such as: “personal injury”, “bankruptcy” “criminal law”, and then “family law” stuck at the bottom of the list. This may indicate a lack of dedication to family law and support the fact that they only take family law/divorce cases to fill the void of a slow month. Look for attorneys that dedicate their entire practice to the area of family law and divorce. Family law is actually a very complicated group of laws. As many people say: “Jack of all trades, master of none”.

There is really no area of law that is more important to the parties than family law. The outcome can have lasting effects throughout their lifetimes and those of the children. If you are facing a family law or divorce situation, take the time to research prospective Orlando Divorce Lawyers so that you find the best fit for you.

If you have questions regarding your family law issues, please contact The Law Offices of Wade P. Luther, P.A. at (407) 835-9900, or visit the website at www.FamilyLawofOrlando.com

How Long Does a Florida Divorce Take?

The length of time that it takes to get divorced can vary greatly depending on the circumstances. Realistically, even in a best case scenario, it will take approximately 45 days to be divorced. If the case in contested, it can take up to a year. Some divorces in Orlando have been known to last up to two years.

The main issue that determines how long a Florida Divorce will take is whether you and your spouse are able to resolve the issues through a Marital Settlement Agreement. The Agreement is simply a contract between you and your spouse. However, a well written Marital Settlement Agreement has the ability to resolve all of the issues between you and your spouse including custody, alimony/spousal support, child support, property division and all other issues that the judge would have resolved for you. A Marital Settlement Agreement is an excellent tool that will save both parties a significant amount of money. Once the Agreement is signed, it is filed with the Court and essentially becomes part of the divorce order.

If you are unable to reach a Marital Settlement Agreement with your spouse, then you have no choice but to proceed with the contested divorce process. This includes obtaining financial and other evidentiary disclosure; potentially taking depositions; attending various hearings to resolve temporary matters; attending mediation; preparing for trial; and then attending the trial. All of these matters can be very time consuming which translates into expensive.

If both spouses are being reasonable, then it is always better to reach a Marital Settlement Agreement. However, if the other spouse is not being reasonable, then it is often times better to go through the contested litigation process so that you may receive a better result.

Having an experienced Orlando Family Law Attorney can greatly assist you in first, determining what is a reasonable settlement, and second, preparing a comprehensive Marital Settlement Agreement. If a reasonable settlement is not available, it is even more important to have an experienced lawyer to assist you through the litigation process.

If you have questions regarding your family law issues, please contact The Law Offices of Wade P. Luther, P.A. at (407) 835-9900, or visit the website at www.FamilyLawofOrlando.com

Property Division in a Florida Divorce Case

When a spouse files for divorce, the judge then has authority of divide the assets and liabilities of the couple. Florida uses the term “Equitable Distribution”. Under Florida divorce law, the judge “must begin with the premise that the distribution should be equal”. Some of the factors that the judge must consider to decide whether the division should be equal include:

 (a)The contribution to the marriage by each spouse, including contributions to the care and education of the children and services as homemaker.

 (b)The economic circumstances of the parties.

 (c)The duration of the marriage.

 (d)Any interruption of personal careers or educational opportunities of either party.

 (e)The contribution of one spouse to the personal career or educational opportunity of the other spouse.

 (f)The desirability of retaining any asset, including an interest in a business, corporation, or professional practice, intact and free from any claim or interference by the other party.

 (g)The contribution of each spouse to the acquisition, enhancement, and production of income or the improvement of, or the incurring of liabilities to, both the marital assets and the nonmarital assets of the parties.

 (h)The desirability of retaining the marital home as a residence for any dependent child of the marriage, or any other party, when it would be equitable to do so, it is in the best interest of the child or that party, and it is financially feasible for the parties to maintain the residence until the child is emancipated or until exclusive possession is otherwise terminated by a court of competent jurisdiction. In making this determination, the court shall first determine if it would be in the best interest of the dependent child to remain in the marital home; and, if not, whether other equities would be served by giving any other party exclusive use and possession of the marital home.

 (i)The intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within 2 years prior to the filing of the petition.

 (j)Any other factors necessary to do equity and justice between the parties.

The division of marital assets can often times be more complicated than first thought. Many times, there are disputes over the value of the assets, who will keep certain assets, and whether the assets are marital or separate.

If you need an Orlando Lawyer who does Property Division, please contact The Law Offices of Wade P. Luther, P.A. (407) 835-9900, or visit the website at: www.FamilyLawofOrlando.com

Short Sale Considerations in Divorce

In today’s economy, many couples are forced to consider a “short sale” with regard to their home. This is especially true when the parties are facing separation and/or divorce. The financial strain of divorce on the family unit creates a situation in which the mortgage or mortgages simply cannot be paid.

If you are in this situation, be sure to consult with your divorce lawyer or a real estate lawyer for advice. If you cooperate with the bank in short selling the property, it is important to try to negotiate terms that prevent the bank from seeking an excess judgment Without negotiating these terms, the bank will potentially sue you personally for the difference between what is owed on the property and what the bank collects on the short sale.

Many banks would prefer that you cooperate so that they do not have to file a foreclosure action. With your cooperation, the bank may agree to accept the property proceeds as full payment of the mortgage balance.

If you are facing a divorce or separation from your spouse and need legal advice, please contact The Law Offices of Wade P. Luther, P.A. at (407) 835-9900, or visit the firm at:

www.FamilyLawOfOrlando.com