Modification of Timesharing

            For couples with children in Orlando, Florida, a Final Judgment of Dissolution of Marriage (or Divorce) will include a parenting plan and timesharing schedule.  This will detail how the parents will share and be responsible for the daily tasks associated with the upbringing of the children; the timesharing arrangement with each parent; a designation of who will be responsible for healthcare, school-related matters, etc.; and the methods and technologies that the parents will use to communicate with the children.

           

            Modification of a parenting plan and timesharing schedule (or visitation) requires a showing of substantial, material and unanticipated change of circumstances.  The party seeking modification has the burden of proof of this change.  The change must have occurred since entry of the final judgment and be in the children’s best interests.  As for the determination of the children’s best interests, it is the public policy of the state of Florida that each of the minor children has frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved and to encourage parents to share the rights and responsibilities, and joys of childrearing. 

            The Law Office of Wade P. Luther, P.A. has extensive experience with developing parenting plans and timesharing schedules as well as modification issues.  We are conveniently located in Baldwin Park.  If your are looking for help from an experienced family law attorney determining if your circumstances are substantial enough to warrant a modification of your current timesharing schedule, please call our office at (407) 835-9900 or visit our website at:

http://FamilyLawofOrlando.com

What is Marital Property?

            It is important to understand what property is considered marital when filing for divorce in Orlando, Florida.  The state of Florida defines marital assets and liabilities as:

            1.         Assets acquired and liabilities incurred during the marriage, individually and by either spouse or jointly by them;

            2.         The enhancement in value and appreciation of nonmarital assets resulting either from the efforts of either party during the marriage or from the contribution to or expenditure of marital funds or other forms of marital assets, or both;

            3.         Gifts given from one spouse to the other during the marriage; and

            4.         All vested and nonvested benefits, rights, and funds accrued, deferred compensation, and insurance plans and programs.

            The court must make a determination of marital and non-marital assets.  Once determined, the court must set aside the nonmarital assets.  The marital assets are then subject to equitable distribution.  It is important to seek help from an experienced family law attorney to protect your property during a divorce.  For more information, please call our office at (407) 835-9900 or visit our website at

http://FamilyLawofOrlando.com

"Bridge-the-Gap" (Transitional) Alimony in Orlando, Florida

             Alimony is one of the most complicated issues to resolve in a divorce.  There is no specific formula used to calculate alimony in Florida.  It is based on one spouse’s need for financial support, the other spouse’s ability to pay and the standard of living of the parties during their marriage. 

            Transitional, or Bridge-the-Gap, Alimony is one of several different types of alimony.  It is most often awarded after a short term marriage.  In Florida, a marriage of less than seven years is considered short term.  The purpose of transitional alimony is to help one spouse make the transition from married to single life.  This type of alimony can be ordered for a maximum of two years.

            Either spouse may receive alimony.  However, it is not awarded in every case.  There are a number of complicated issues a judge must take into consideration when awarding alimony.  The amount of alimony you pay or receive will have a profound impact on your financial future.  Mr. Luther is an experienced Orlando divorce attorney with extensive knowledge in issues regarding alimony.  He can determine the correct amount of alimony for your particular situation.  If you would like more information or to set up a consultation with Mr. Luther, please call our office at (407) 835-9900 or visit our website at:

http://FamilyLawofOrlando.com

What is a Deposition?

            If you are involved in an Orlando, Florida Divorce (or Dissolution of Marriage,) you may be asked to give a deposition.  A deposition is part of the discovery process.  This is the process through which both parties gather facts about the case.  During the deposition, your spouse’s attorney will ask you questions related to the case.  You will be put under oath and your answers will be recorded by a court reporter. 

            At some depositions, the party being deposed may be asked to bring specific documents or records.  This is called a Deposition Duces Tecum.  You are required to produce documents that are in your possession or that are easily obtainable by you. For example, if you are able to obtain financial records from the internet, you must do so.

            The party being deposed has the right and would be well advised to bring an attorney to represent them.  The attorney asking the questions is preparing their case for trial.  At trial, the deponent will be held to any answers they have given during the deposition.  If you are looking for an experienced Orlando divorce lawyer to protect your best interests in a deposition or any other phase of your divorce, please call our office at (407) 835-9900 or visit our website at

http://FamilyLawofOrlando.com

When is an Asset No Longer Marital?

An asset is real or personal property.  Many Orlando, Florida couples think if they have kept their accounts separate during their marriage they have no marital assets.  Couples who have been separated for a time before their divorce may also think they have assets that are non-marital.  In fact, any asset acquired during the marriage by either party is considered marital.  This includes gifts from one spouse to the other and property titled in only one spouse’s name.  Some property acquired prior to the marriage may also be considered marital if it was co-mingled with marital property or it increased in value due to the effort of either party during the marriage.

Assets, as well as liabilities become classified as non-marital as of the date the parties enter into a valid separation agreement, such other date as may be expressly established by such agreement, or the date of filing a Petition for the Dissolution of Marriage.  This can be a very important fact for some spouses.  An experienced Orlando divorce attorney can help you understand your rights concerning your assets.  For more information, please call our office today at (407) 835-9900 or visit our website at:

http://FamilyLawofOrlando.com

How Long Will Child Support Last?

            Generally speaking, in Orlando, Florida divorce and paternity cases, child support will end when the dependent child reaches age 18.  This is considered the age of majority.  If the child is still in high school at age 18 and there is a reasonable expectation that the child will graduate by the age of 19, support will usually be awarded until the child graduates, but no later than age 19.  As well, if the child is declared legally dependent due to a physical or mental disability, child support may also continue past the age of 18 and into adulthood. However, it is important to establish child support prior to the dependent child turning 18.

            There are also conditions under which child support may end before the child turns 18.   Florida law assumes that the child is no longer being supported by his or her parents if they marry, enter the armed services or become emancipated.  Also, in the unfortunate event that a child dies before their 18^th birthday, child support would end.

            If the primary residence of the child changes from one parent to the other, a new child support guideline worksheet should be completed and filed with the court to determine the change in child support from the non-custodial parent to the parent with whom the child is now residing.

            If you feel your circumstances may necessitate a change in child support, our experienced family practice attorney can answer your questions and guide you through the process.  Please contact the Law Office of Wade P. Luther, P.A. at (407) 835-9900 for assistance or visit our website at:

http://FamilyLawofOrlando.com

How Permanent is Permanent Alimony in Orlando, Florida

             In awarding alimony, the court will consider the needs of the receiving spouse as well as the financial ability of the paying spouse.   Modification of permanent alimony is possible under certain conditions.  The court may modify alimony if there has been a change in circumstances or financial ability.  The change can involve either party and must be considered substantial.  Also, it must be shown that the change was not contemplated by either of the parties at the time alimony was awarded. 

            The court may also consider modifying permanent alimony if the payee is living with and receiving support from another person, for instance a boyfriend or girlfriend.  The payer of alimony will have the burden of proof in this situation.  The law requires a preponderance of evidence that a supportive relationship exists.

            Any modification to alimony must be petitioned through the court which ordered the alimony.   The amount of alimony you pay or receive can have a profound effect on your financial future.  A qualified family practice attorney can evaluate your situation to determine if it is one in which permanent alimony should be modified.  If you would like more information regarding alimony, please call the Law Office of Wade P. Luther, P.A. at (407) 835-9900 or visit our website at

http://FamilyLawofOrlando.com

What Does an Uncontested Divorce in Orlando, Florida Mean?

              An uncontested divorce means that both parties in a divorce or dissolution of marriage agree on major issues such as custody of their minor children and the division of their property.  This type of divorce will typically be less costly than one in which all issues between the parties are contested.  A Marital Settlement Agreement will define the terms of the agreement that the parties have reached. 

              An experienced Orlando divorce attorney can play an important role in ensuring that the Petition for the Dissolution of Marriage is filed properly to begin the divorce.  The paperwork required by the court can be overwhelming and confusing.  If initial pleadings are not filed correctly, it may prolong the procedure or affect your rights. 

            Once the petition and initial pleadings have been filed, the details of the Marital Settlement Agreement must be worked out.  It is at this point that each party must take care to see that their rights and obligations are properly defined.  Each party would be wise to have an attorney of their choosing review the agreement to be certain that their individual interests are protected.  Once an agreement has been reached, it can be incorporated into a Final Judgment of Dissolution of Marriage.  This document must also be filed with the court.

            At the Law Office of Wade P. Luther, P.A., we’re committed to helping Orlando area residents resolve their divorce issues as quickly and cost effectively as possible.  To set up an initial consultation with Mr. Luther, please call our office at (407) 835-9900 or for more information, visit our website at

http://FamilyLawofOrlando.com

Equal Timesharing in Child Custody

            Recently in Orlando there has been a trend toward couples choosing to share custody with their minor children more equally.  Both Husbands and Wives are seeking to be more actively involved in their children’s lives by spending more than every other weekend with them.  In many cases this may result in a request for equal timesharing, also called rotating custody.

            Courts must consider the best interest of the child when deciding timesharing and custody issues in Florida divorce or paternity cases.  Prior to 2008, the court was required to designate one parent the “primary” residential parent with the other parent being the “secondary” residential parent.  However, new legislation that year did away with that designation for child custody.  Today many judges, especially in Orlando, start with the presumption that there should be equal time sharing.   If your children are older or more mature, if you live close to the custodial parent, or if you live in the same school district as the custodial parent, your likelihood of being granted equal timesharing with your children may be greater.

            Getting advice from an experienced Orlando child custody attorney can help you be certain you will be granted the parenting plan that is best for you and your child.  If you would like help with a custody issue, please call our office at (407) 835-9900 or visit our website at

http://FamilyLawofOrlando.com

What is an Administrative Order?

           Your spouse has filed for divorce, and you were served with an overwhelming amount of information.  If you live in Orange, Osceola or Seminole County and have children, there is one document you’ll want to review carefully.  Each of these counties has an Administrative Order that has been written to guide your behavior as you proceed through the divorce process. 

            This document has been developed to help reduce conflict among the parties in a Dissolution of Marriage or Paternity action and to help ensure that the best interest of your children is upheld.  Simply put, it is a list of do’s and don’ts for each party.  Some of the issues dealt with in an Administrative Order are contact between the children and both parents, relocation of the children, child support, conduct of the parties, parenting class requirements, communication between the parties, property, insurance and debt.

            It is important to be aware of the requirements of the Administrative Order for your specific county as failure to abide by them can result in sanctions by the Court.  An experienced Orlando family practice attorney can help you understand your rights and obligations as they pertain to the Administrative Order in your particular county.  If you would like more detailed information on how these rules apply to your divorce or paternity action, please contact the Law Office of Wade P. Luther, P.A. or visit our website at

http://FamilyLawofOrlando.com

Name Change After Divorce

One of the many difficult decisions to be made during a divorce is whether or not to keep your married name.  Although, traditionally, women were the ones to make a name change at the time of marriage, some men may have also chosen to do so.  Our name is our identity.  It is how people recognize us and identify us.  Many people with children will choose to keep their married name because of the children. However, there are some who choose to return to their former name or birth name after their divorce despite their parental status.

In Florida, the law allows a woman to change her name as part of the divorce.  The divorce petition or counter-petition will request the change.  It will then be incorporated into the Final Judgment of Dissolution of Marriage.  The process is relatively simple, the decision is more difficult.

If the name change is not done when the Final Judgment of Dissolution of Marriage is entered, then a completely separate suite must be filed. The petition for name change must meet certain statutory requirements. Once all of the appropriate pleadings and paperwork are filed, a short hearing before a circuit court judge is required.

At The Law Office of Wade P. Luther, we understand there are many difficult decisions during the process of divorce.  Our experienced family practice attorney can help guide you through that process and make sure your rights are protected.  When you’re ready to begin tackling these difficult decisions, please call our Orlando office at (407) 835-9900 or visit our website at

http://FamilyLawofOrlando.com

Can I get my child support increased?

The state of Florida has established child support guidelines for the settlement of support issues between parents.  An Orlando attorney experienced in child support can help you determine if you are eligible for a change in the support amount you are currently receiving or paying.

There are certain events which may enable one of the parents to request a modification of the amount of child support being paid.  These events must constitute a substantial change in circumstances. The loss of a job without fault or a substantial change in income by either party is one circumstance which may enable a modification.  However, the difference between the existing monthly child support obligation and the amount provided for under the child support guidelines must be at least 15 percent or $50, whichever amount is greater, before the court may find that the guidelines provide a substantial change in circumstances.  Keep in mind that any change in circumstances should be long-term and/or continuing in nature. This would not include a one time bonus, judgment, or award.

A Substantial change in daycare or health insurance expenses for the children or a child graduating from high school or turning 18 would also be considered substantial changes in circumstances.  If you’d like help from an experienced Orlando divorce attorney to determine if you may qualify for a modification to child support, please call the Law Office of Wade P. Luther, P.A. at (407) 835-9900 or visit our website at

http:///FamilyLawofOrlando.com

Establishing Paternity in Orlando, Florida

There are many important reasons to establish paternity for your child.  These rights are important for the child as well as both parents.  Most basically, paternity will allow the child to know who their father is.  As well, establishing paternity will allow the child to have information on family medical history, obtain health or life insurance benefits and child support, and possibly veterans and social security benefits.  For the parents, establishing paternity will give both parents the legal right to child support, timesharing and a voice in making decisions regarding the child.

In Florida, paternity will be established in one of five ways.  Paternity is established if the parents are married when the child is born.  If the couple is unmarried, paternity may be established at the time the child is born by signing a legal document at the hospital.  If the document is not signed at that time, and a genetic test proves fatherhood, an Administrative Order Based on Genetic Testing will establish paternity.  Lastly, if the parents of the child marry each other after the child’s birth, they may establish paternity by updating the birth record with the Florida Office of Vital Statistics.

If you are in need of an Orlando Family Practice attorney with experience in the area of paternity, please call the Law Office of Wade P. Luther, P.A. at (407) 835-9900 or visit our website at

http://FamilyLawofOrlando.com

Will I Get Alimony?

Florida law provides for several relevant factors to be taken into consideration by the Court when awarding alimony to one of the parties. The court will consider the parties’ prior standard of living; length of the marriage; age and physical and emotional condition of both spouses; each spouse’s financial resources and income-producing capacity of the assets they receive; the time necessary to acquire sufficient education or training to find appropriate employment; and the services rendered in homemaking, child rearing, and education and career building of the other spouse.

The court may grant alimony to either party.  There are different types of alimony that may be granted.  Rehabilitative alimony is awarded for a temporary time period to allow one party to redevelop skills and financial independence.  Durational alimony is awarded for a fixed number of years. Permanent alimony continues until the remarriage of the receiving partner or the death of either partner.  Permanent, durational and rehabilitative alimony are usually paid on a periodic basis.  The Court may also consider lump-sum alimony in which one partner pays a lump-sum payment of money or property to the other partner.

If you’re looking for an experienced Orlando divorce attorney to explain your rights concerning alimony and the likelihood of you receiving an award of alimony, please call the Law Office of Wade P. Luther, P.A. at (407) 835-9900 or visit

http://FamilyLawofOrlando.com

Child Support

Because child support is complicated, seeking counsel from an Orlando divorce attorney experienced in child custody and child support issues is an important decision.  A knowledgeable lawyer will help you sort through the issues and aide you in providing financially for your children. 

In Orlando, Florida, the amount of child support paid by the non-custodial parent will be calculated using the guidelines in Florida Statue 61.30.  Both parents have a responsibility to support their children based on their financial ability.  This ability will be determined by income as well as earning potential.  A recent change in Florida law allows for income to be imputed or credited to any parent who is voluntarily underemployed or unemployed. 

            Another consideration in the calculation of child support is the number of overnights the children have with the non-custodial parent.  Previously, the non-custodial parent had to have at least 40 percent of overnights with the child in order to qualify for a departure from standard child support.  Another recent change in the law now requires a departure when the parent with fewer overnights has overnights with the children 20 percent of the time or more.
            Attorney Wade P. Luther can help you make sense of all these complicated rules and changes.  Please contact our office at (407) 835-9900 or visit our website at

http://FamilyLawofOrlando.com

The Cost of an Orlando Divorce

When considering the cost of an Orlando Divorce Attorney, keep in mind that the more complex the issues, the more expensive the cost.  When the two parties can come to an agreement regarding all matters in a Dissolution of Marriage, the cost will be substantially less than if issues are contested.  However, in most divorce situations, there are issues on which the parties do not agree.  It is in these divorces that it is particularly important to have your rights protected by an experienced Family Law Attorney.

There are several factors on which attorneys fees are based.  The complexities of the issues, the amount of time involved and the experience and skill the attorney has in the area of Family Law.  Your attorney will spend time drafting pleadings, communicating with the attorney representing the other party, researching and preparing, and appearing in court on your behalf.  You may also incur direct costs such as postage, copy fees and court filing fees. 

Once you’ve provided your attorney with the information regarding your particular situation, he or she will advise you regarding any retainer required as well as their hourly fee.  Keep in mind that if complications arise in your case, it may affect your fees.  If you’d like to meet with and experienced Orlando Divorce Attorney to discuss your case, please contact The Law Offices of Wade P. Luther, P.A. at (407) 835-9900 or visit our website at:

http://FamilyLawofOrlando.com

Who Gets What?

Deciding how to divide marital assets and liabilities in a Florida divorce can be extremely complicated.  In Florida, statistics show that more hearing time is devoted to property division than any other issue related to the Dissolution of Marriage.  Subject to a few exceptions, all property and income obtained by one or both of the spouses during the marriage is considered martial.  As such, according to Florida law, it is subject to Equitable Distribution.  You may also have assets that were obtained prior to the marriage (or debt obtained by your spouse) that would be considered non-marital.  Protect yourself and your assets by getting advice from an experienced Orlando Divorce Attorney.

The simplest way to divide marital assets and liabilities is for the parties to reach an agreement amongst themselves after they’ve been advised by their attorneys.  If the agreement is reasonable, it will be accepted by the court.  If the parties cannot agree on how to fairly and equitably divide the marital property, it will be decided by a judge after a trial. 

Several factors will be taken into consideration by the judge when deciding equitable distribution.  These include but may not be limited to the duration of the marriage, the economic circumstances of each partner and the contribution of each partner to the marriage.  It’s important to remember that the court will begin with the assumption that distribution will be equal.  Attorney Wade P. Luther can help you make sure you get was is legally yours.  Please contact our office today at (407) 835-9900 or visit our website at

http://FamilyLawofOrlando.com

No-Fault Divorce

Florida is one of many states in which fault is no longer considered a ground for divorce.  The dissolution of marriage does not require either party to show cause or prove that a breach of the marital contract has been committed. Those breaches may include: adultery, desertion/abandonment or cruelty.  In Florida, the spouse seeking the divorce needs only to prove that the marriage is “irretrievably broken.”  This is a much easier standard to prove as it only takes one spouse to testify that he/she does not love his/her spouse and is not willing to remain in the marriage. This change in divorce law has lessened the potential effect that blame may have on the divorcing couple.  In addition, the parties are spared what can be a contentious battle in court when fault must be established.

Under Florida law, either party may file for divorce.  However, many couples find they are not fully aware of their legal rights and obligations.  There are very specific statutory and court rules which must be followed.  If they are not, your rights may be lost forever.  It is important to be certain that you are protected.  Seeking counsel from an experienced Orlando divorce attorney will provide you with the information and advice you need.

Even within a no-fault divorce, there may be contested issues.  Spouses often do not agree about the division of assets, liabilities or property.  One or both partners may seek alimony.  Of course, if there are children, timesharing and support will need to be determined.  The Law Office of Wade P. Luther, P.A. has significant experience in the area of family law.  We focus exclusively on these issues.  If you would like to benefit from the experience of an Orlando Divorce Lawyer, please contact our office at (407) 835-9900 or visit our website at:

http://FamilyLawofOrlando.com

Time with the Children after the Divorce is Final

When there are minor children in a marriage that’s ending, they become the most important concern.  The children’s ability to adjust is greatly effected by the level of cooperation between the parents, especially regarding the time each parent spends with the children. Historically, kids spent the majority of time at the home of one parent. This occurred as a result of the parents’ agreement or the judge’s order. However, the evolving trend is that many couples choose to share time with minor children more equally. A recent change in the child custody statute is resulting in more judges ordering equal timesharing between the parents.  Under both circumstances, a well thought out Parenting Plan established with the help of an experienced Orlando family law attorney will guarantee that the kids maintain the best possible relationship with both parents.

Consistent and frequent contact with both parents is in the best interest of the children.  Each parent must do their utmost to maintain this contact.  Coordinating schedules, informing each other of special events, and keeping in mind the normal routine of the children are ways in which to accomplish this.  When changes need to be made to an established schedule, each parent has a responsibility to notify the other as quickly as possible.  Cooperation in these and all matters regarding the children becomes paramount.  Kids are able to sense any anger or resentment between the parents, even unspoken.

The experience of a skilled Orlando child custody attorney is essential when parents are not able to agree to a Parenting Plan.  Even when parents have established a proposed plan, it’s important to have an attorney who is knowledgeable in family law review the plan to protect your parental rights.  Mr. Luther will ensure you are establishing a plan that’s in the best interest of both your children and you. Please contact the Law Offices of Wade P. Luther, P.A. at (407) 835-9900 or visit

http://FamilyLawofOrlando.com

The Importance of a Marital Settlement Agreement

A well-prepared Marital Settlement Agreement is a vital tool in protecting your financial assets as well as your rights after your divorce is finalized.  You may have the misconception that a judge will decide how your property is divided or your time with the children will be shared.  However, these terms are usually negotiated between the parties.  An Orlando Divorce attorney knowledgeable in family law can guide you through the negotiating process to ensure your best interests.

There are important elements that should be included in every Marital Settlement Agreement (sometimes referred to as a Property Settlement Agreement.)  When applicable, the amount and length of spousal support will be addressed.  Another major consideration is the division of assets and property.  Included will be any financial accounts, property owned by the parties, vehicles, as well as any marital debt. When there are children involved, a Parenting Plan will include custody, timesharing, support and all other issues involved in raising the minor children.  The Agreement will also address how any future disputes between the parties will be resolved.

Because this written contract will be attached to and incorporated into the Final Divorce Decree, it’s imperative that you are certain your legal rights are protected now and in the future.  If you would like guidance from an experienced Orlando Divorce Attorney in preparing this crucial document, please contact The Law Offices of Wade P. Luther, P.A. at (407) 835-9900 or visit

http://FamilyLawofOlando.com