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Carman, Bevington & Finegan Blog

What Qualifies as a Personal Injury Case?

Injury victims are entitled to substantial compensation. A car crash, dog bite, or other personal injury case is based on negligence, which is basically a lack of care. A personal injury case compels people or institutions to accept responsibility for the mistakes they make. If Adam breaks a coffee mug...

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What is a Parenting Plan?

Parenting plans determine where children of unmarried parents spend their time. A parenting plan is the new, preferred term for child custody. Florida no longer has a joint custody law, which classifies parents as managing and possessory conservators. Instead, Florida, like most other states, now has a co-parenting law. Absolute...

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Dividing Assets in a Florida Divorce

Asset classification and division are extremely complex. Florida, like most other states, is an equitable distribution state. This rule has two components. First, all property in a divorce, including debts and assets, must be divided equitably. In family court, equitably is usually, but not always, the same as equally. Furthermore,...

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What Happens if You Do Not Pay Child Support?

Sooner or later, you must pay it. We hear this question a lot. Only 46% of residential custodial parents in Florida receive the full amount of child support owed. Most of these parents receive little to no child support at all. Delinquent parents usually stay one step ahead of the...

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How Does a Sarasota Parent Lose Custody?

Several family law proceedings could result in the loss of child custody. A parent could lose custody of a child if a court determines that this move is in the child’s best interests. Judges consider a number of factors when making this determination, such as the child’s wishes, the parent’s...

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Help! I Did Not Show Up for a Custody Hearing!

If a necessary party does not appear at a civil hearing, the court could enter a default judgment in favor of the other party. “Default” has an air of finality, but in most cases, that is not true, especially in child custody matters. Unlike contracts and other civil cases, custody...

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What Are the Different Types of Brain Injuries?

Car crash-related brain injuries are very serious and very hard to diagnose. The saga of Allman Brothers bassist Berry Oakley is a good example. In November 1972, Oakley was in a motorcycle crash in Georgia. He refused medical treatment at the scene and got a ride home with a friend....

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What Happens Immediately After a Pedestrian Accident?

Right off the bat, it is important to understand that, in most cases, the incident was not an “accident.” An accident is a generally harmless omission that was not anyone’s fault. People accidentally leave the oven on or the water running. Driver error causes about 98% of the pedestrian injuries...

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How Often Do Traffic Accidents Happen in Florida?

Traffic accidents in Brandon are unfortunately common and have the potential to cause serious harm to everyone on the road. Personal injuries you suffer can have major impacts on your life, requiring ongoing medical care while preventing you from working or engaging in your usual hobbies and activities. Our Brandon...

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Recovery From Catastrophic Burns in Brandon

Burns are among the most painful types of personal injuries in Brandon. They can happen in a variety of ways and have the potential to be catastrophic. Recovery is often a long process and can leave you facing major amounts of lost wages and medical expenses. Our Brandon personal injury...

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The Florida Car Accident Claims Process

Despite several recent challenges, Florida’s no-fault insurance law is still in full force and effect. Most of these challenges cited widespread fraud, such as the scoop-and-squat. Driver One cuts off Driver Two and hits his/her brakes to induce a rear-end collision, while Driver Three pins in Driver Two to prevent...

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Weather-Related Vehicle Damage and Insurance Claims

Every year, insurance companies earn over $1 trillion. TV commercials imply that these well-funded companies quickly issue checks to compensate vehicle owners when their vehicles sustain weather-related damage. The reality is different. Quite simply, insurance companies earn money by collecting premiums and lose money when they pay claims. As a...

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How Long Do You Have to Report a Motorcycle Accident to Your Insurance?

Motorcycle accidents in Hillsborough County are unfortunately common and can result in serious, potentially life-threatening personal injuries. In the aftermath, you may be entitled to compensation for medical expenses, lost wages, and other costs through insurance policies you or others involved have in place. However, be aware that insurers are...

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Time-Sharing Rules in Florida

Matters impacting children are among the most sensitive types of legal proceedings in the Florida Family Court. There are often serious disputes between the parents that make it hard to reach mutually beneficial agreements. Child time-sharing arrangements aim to protect the child’s rights and well-being while allowing both parents to...

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What Are the Most Common Family Law Cases in Florida?

Family law matters are among the most potentially sensitive and complex cases handled through the Hillsborough County Courts. Decisions made during family court proceedings can impact your rights in relationships, your finances, and your overall happiness and well-being for years into the future. To protect yourself and those you love,...

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What Tragic Injuries Happen Most From Auto Accidents In Brandon?

Auto accidents in Brandon pose serious risks. Crashes and collisions can cause tragic personal injuries, permanently impacting victims and their loved ones in the aftermath. Our experienced Brandon auto accident lawyers provide the caring, compassionate support and professional legal representation needed in filing a claim. Find out what common types...

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How Much Money Do You Get for a Back Injury From a Truck Accident?

With the number of major highways and interchanges surrounding Tampa, semi-trucks, tractor-trailers, and other big rigs are a regular sight on local roads. Unfortunately, this increases the risks of truck accidents in Tampa, which can cause a devastating amount of harm to other motorists involved. Back injuries are common in...

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How to Prove Negligence in a Personal Injury Case?

Personal injuries in Tampa often happen as the result of another’s negligence. As the victim, you are entitled to hold the at-fault party liable for medical expenses, lost wages, and other tangible or intangible costs you incur as a result. Our Tampa personal injury attorneys explain the four elements of...

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How Long Does the Mediation Process Take?

Family law cases are undeniably stressful. Whether you are filing for divorce, deciding on a child custody arrangement, or negotiating spousal support payments, the legal process can be emotionally and mentally exhausting. That is why many couples choose to settle their disputes through mediation rather than litigation. Mediation is an...

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Can a Child Testify During a Custody Case

Family law proceedings involving child custody matters are always emotionally charged and anxiety-inducing. Many parents wonder if their child can express their preferences to the judge or if their child’s testimony will hold any weight during a child custody case. Our Brandon family law attorneys at Carman, Bevington & Finegan,...

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How Often are Children Split Up During Custody Battles?

For parents with multiple children, the mere thought of being separated from their children due to a custody battle can be overwhelming. One of the most challenging things you can face in these situations is the possibility of the court separating siblings. If you are a parent who is considering...

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What is Time-Sharing in Florida?

When a relationship ends, determining how best to continue raising children is an essential part of the separation or divorce process. For parents in Florida, this often involves navigating the concept of time-sharing, which is an essential aspect of the state’s family law system. You might need to schedule a...

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Do You Have to Have Prenups and Postnups?

When you hear the words “prenuptial agreement,” you might think of high-profile celebrities or wealthy individuals who are protecting their assets. But prenups and postnups can be beneficial for any couple, regardless of their financial status. Our Brandon family law attorneys at Carman, Bevington & Finegan, P.A., help people create...

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How to File a Car Accident Claim in FL

After being involved in a car accident, one of the first things you should do is file a claim with your insurance company to obtain compensation. It is important to understand the process for filing a car accident claim in Florida so that you can receive the compensation you need...

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Uber and Lyft Accident Statistics in Florida

In today’s world, finding an individual who has never requested a ride with Uber or Lyft at least once in their life would be close to impossible. In the past decade, these rideshare services have gained tremendous popularity across Florida due to their convenience, affordability, and professional service. However, that...

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What is a Postnup Agreement?

A postnuptial agreement is a legally binding contract between two married spouses that outlines the rights and responsibilities of each party in the event of a divorce or death. While it is similar to a prenuptial agreement, a postnuptial agreement is established during the marriage and typically contains provisions regarding...

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What Is a Prenuptial Agreement (Prenup)?

A prenuptial agreement, also referred to as a “prenup,” is a legally binding contract between two people who are about to marry. The purpose of the document is to provide clarity and protection for both parties in the event of divorce. While it may seem unromantic to discuss such issues...

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The Person Who Hit Me Does Not Have a Driver’s License

Nobody expects to be involved in a car crash in Brandon, and any motor vehicle collision can be disorienting and upsetting. It can be even more angering and frustrating to learn that the person who hit you does not have a driver’s license. Unfortunately, driving without a license has become...

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How are Assets Divided in a Divorce

Anyone who is planning for a divorce in Brandon or is considering the possibility of divorce may be wondering about how assets are divided in a Florida divorce. Florida is an equitable distribution state, which means that all assets will be divided in a way that the court considers to...

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How Long Do I Have to Pay Alimony in FL?

When you are going through a divorce in Brandon, and your spouse is seeking alimony, you are likely wondering whether the court will award alimony and what the duration will be. In other words, you may be wondering: how long will I have to pay alimony in Florida? Under Florida...

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What is Distracted Driving?

Distracted driving is extremely dangerous, and it is the cause of thousands of traffic fatalities every year. According to the National Highway Traffic Safety Administration (NHTSA), there were a total of 3,142 deaths attributed to distracted driving in 2020, and many additional crashes involving non-fatal injuries resulted from distracted driving....

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Is There a Formula for Dividing Marital Property in Florida?

Whether you are considering divorce in Florida or your divorce case is in its early stages, you are likely wondering about the division of property. More specifically, is there a formula for dividing marital property in Florida? There is no specific formula that applies to every case, but there is...

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What is a T-Bone Accident?

After any kind of car collision in Florida, it is critical to know your rights and to determine what options are available to you to seek compensation. Many kinds of Florida car crashes result in serious injuries, which may enable the injured party to seek compensation through an auto insurance...

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Contested vs. Uncontested Divorce

When you are considering the possibility of filing for divorce in Florida or if you have recently been served with divorce papers, it is important to understand the differences between contested and uncontested divorce. In general, uncontested divorces under Florida law are those in which the parties have come to...

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A Closer Look at Police Accident Reports

After years of steady decline, in 2021, the number of fatal car crashes hit a 16-year high. During pandemic lockdowns, when roads were almost empty and traffic enforcement was almost nothing, many drivers picked up some bad habits. Like most bad habits, bad driving habits, like speeding and driving while...

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What Everyone Should Know About Mild TBIs

The mild Traumatic Brain Injury label is quite misleading. TBIs, or concussions, are often serious. Even if the victim has no pre-existing medical or other conditions, the effects of a concussion last up to three months. These symptoms, which include extreme fatigue, depression, anxiety, headaches, irritability, and impaired cognitive function,...

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What is Reckless Driving?

Car accidents have many different causes in Florida, although motorists are often to blame for collisions. There are various ways in which a driver can be liable for an auto accident, from distracted driving to aggressive driving or intoxicated driving. In some circumstances, reckless driving is to blame. What is...

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Why Do I Need a Divorce Lawyer?

Florida is a no-fault divorce law state, and this fact may make you think you don’t need a lawyer for your divorce, but you might want to think again. Everyone facing divorce should have a divorce lawyer on their side – and not just any lawyer, but the right lawyer....

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Common Causes of Truck Accidents In Florida

Commercial trucks were involved in about 121,000 injury-causing crashes in a recent year, and these accidents can happen at any time in the Brandon area. Injured victims need to determine who was at fault for the accident so they can seek the compensation they deserve, and this begins with identifying...

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How Long Do You Have to be Married to Pay Alimony?

If you are getting divorced and there is a discrepancy in financial resources between you and your spouse, you might worry that you will have to pay alimony. Alimony involves one spouse having to pay their former spouse a certain monthly amount in support for a specified period of time...

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Why Is Florida Referred to as a Mother State?

Florida is known as a “Mother State” for reasons relating to how the state treats mothers compared to fathers, especially those in unwed parental situations. If you have questions about your parental rights or how to exercise them, contact a Brandon family lawyer as soon as possible. What Rights Do...

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Concurrent Custody in Florida

Even among caring and able parents who offer nothing but the best for their child, there comes a time in life they may seek help from a relative or another person to help take care of the child. In many cases, this may be as simple as asking a relative...

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How to Divorce from an Abusive Partner

2020 was a difficult year for most of us, but it was particularly challenging for individuals who suffered domestic violence and partner abuse. Research indicates that there was an alarming trend of domestic violence within households in Florida and across the United States due to more time spent at home,...

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Florida Passes ‘Child Safety Alarm’ bill

In recent years, we have seen more and more headlines regarding the tragic deaths of children left in vehicles in hot temperatures throughout the State of Florida. Heatstroke has been the cause of death for too many children, including while in the care of childcare workers. Now, Floridians took action...

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Understanding Child Support Enforcement in FL

Whether you pay or receive child support, it likely makes a significant difference in your financial situation. If you depend on child support to cover your child’s expenses, it can be stressful if you do not receive payments as you should. There are ways that parents can enforce child support...

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Can patients recover from TBIs?

A traumatic brain injury (TBI) results from trauma to the head or violent shaking of the head that damages brain tissue. There is a wide range of effects of a TBI, which depend on the severity and location of the brain damage. While some people make a full recovery, others...

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Is there any advantage to divorcing first?

If you and your spouse are having difficulties, you both might be thinking about a possible divorce. Some people take the initiative and file the divorce petition, while others might wait until their spouse takes this step. One question our Brandon divorce attorneys often hear is whether there is an...

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What is Florida’s Comparative Negligence Rule?

In some injury-causing accidents, one party is clearly to blame, and the other party did nothing wrong. The at-fault party would then be liable for all of the losses of the injured victim. However, not every case is this black and white. In some injury cases, two or more parties...

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Is Permanent Alimony Coming to an End in FL?

Alimony is a contentious issue in many divorce cases. If one spouse cannot support themselves directly following a divorce, alimony might be awarded to provide financial support in accordance with Florida law. However, the Florida House and Senate are each considering alimony reform bills that seek to eliminate one type...

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Types of PI Damages You Can Recover in FL

Thousands of Florida residents suffer different injuries resulting from other people’s negligence each year. In these situations, the party or parties responsible for causing the accident and injuries should be held fully liable for all of the losses that injury victims incurred. It is important to seek help from an...

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Steps to Modifying Time-sharing Plans in FL

It is common for a child time-sharing plan put into place years before to no longer work for you and your child. Maybe you or your child have schedule or activity changes that make the current plan impractical or impossible to follow. Perhaps you have more serious concerns for your...

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Does Florida Recognize Common Law Marriage?

Some couples might not have had a wedding, but they have been together for so long that it feels like they are married. In some situations, they might refer to each other as husband and wife and might live as a married couple. In some states, this might qualify as...

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Can a Spouse Hide Assets During Divorce?

The division of assets is one of the most concerning and stressful facets of divorce. If you’re currently facing a divorce, you might wonder if you can hide assets or if your soon-to-be-ex-spouse is hiding assets. These are typical concerns that our Brandon divorce lawyers deal with every day. To...

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What is High Conflict Divorce?

Many divorcing spouses experience conflict on a regular basis, and such conflict might have been persisting for months or even years. However, some couples decide to set their differences aside during the divorce process to try to reach out-of-court agreements to lower the time, stress, and cost of their divorce....

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Types of Compensation for a Car Accident

Car accidents can disrupt your day – and even your entire life. The aftermath of a crash does not end after you exchange information or speak with the police. Instead, you can feel the effects of an accident for weeks, months, or even years to come. The law recognizes that...

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How Do Taxes Change After a Divorce?

Having your divorce finalized can change a lot of aspects of your life, including your finances, your time with your children, and your future opportunities. One thing that divorce will certainly change is your taxes. With the end of the tax year upon us, and tax filing season approaching, it...

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How do Spouses Divide a Business in a Divorce?

When you get divorced, you will need to figure out how to share custody of your children, what will happen to the family home, and much more. The situation can become significantly more difficult if you and your spouse own a business together. In this day and age, more and...

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Hiding assets in a divorce

Florida law requires divorcing spouses to fairly divide (or “equitably distribute”) their marital property. This includes income earned and property acquired during the marriage. The outcome of marital property distribution can impact your financial future, so you want to ensure that you receive the fair distribution of property that you...

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Factors That Affect Spousal Support

Divorce can have a major impact on your financial situation in many different ways. In some situations, one spouse earns significantly more than the other, and one spouse may even be out of the workforce completely. Florida law recognizes that one spouse might lose income they have depended on, and...

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Can Cheating Have an Impact on Alimony Payments?

Florida law does not allow fault-based divorce, which means one spouse cannot legally base a divorce on adultery. However, this does not mean that adultery will never play a role in a divorce case. This is because the court may consider adultery as a factor when making determinations regarding alimony...

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How Long Do I have to Pay Alimony in Florida?

When one spouse requests alimony in a divorce case, the other spouse might naturally be concerned about how paying alimony is going to impact their financial situation. Specifically, they will likely wonder how much they will have to pay and for how long. The amount of alimony will depend largely...

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Benefits of Hiring a PI Lawyer

If you sustain injuries in an accident, you might wonder whether it is necessary to hire a personal injury lawyer. While it is never required for you to have legal representation, there are certainly many benefits to doing so. The following are only some of the many ways the right...

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Is it Difficult to Update Alimony Payments in FL?

When you got divorced, and the judge ordered you to pay alimony, the order was based on your circumstances and finances at that time. However, we all know that financial situations can change quickly and significantly, and many people in the Brandon area experienced this in 2020. Whether you lost...

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Is Homeschooling the Better Option?

As schools begin for the 2020-21 term, there is a huge weight on parents to make the best decisions for their family’s health, well-being, finances, and sanity in light of the COVID-19 pandemic. Some parents are sending their children to in-person school, while others are opting for online teaching or...

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Can the Court Control My Relocation as a Separated Parent?

Absent specific legal issues (such as probation or parole), adults in the United States should be able to live where they wish to. Adults move regularly, often relocating to a new state, or even across the country. While adults should have this freedom, it is not this simple for parents...

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Is Permanent Alimony in FL Coming to an End?

Once again, the Florida legislature began considering an alimony reform bill that aims to significantly limit awards of permanent alimony. Legislators have repeatedly been proposing bills to amend the state’s laws regarding spousal support in a divorce, and this attempt has stalled in the Senate once again due to certain...

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Electronically Signed Documents Hold Up in Court

In the wake of COVID-19, we find ourselves living in an altered world in which conducting virtual business is becoming the norm. Part of this means that we’re leaning on electronic signatures far more heavily than ever before. In order to be legally enforceable, our written agreements must be signed...

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Can an Arrest Impact Your Custody Rights?

Florida courts make custody determinations (called time-sharing and parenting determinations under Florida law) based on what the judge finds is in the best interests of the child. Many factors should be examined and considered when making custody decisions, including the criminal history of each parent. Many parents wonder whether or...

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Legal Separation Isn’t Recognized in Florida

Many spouses might know their marriages are not working, though they might not want to rush to the courthouse seeking a divorce. Some couples think there might be the possibility of reconciliation, while others never want to get divorced for religious or other reasons. Such situations might lead spouses to...

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How to Deal with Domestic Violence in a Divorce

There are many reasons why marriages end, and domestic violence is a common one. When a spouse becomes abusive, many people realize it is time to leave the marriage, though doing so can seem like a difficult – if not insurmountable – endeavor. How will domestic violence impact your divorce...

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The Dangers of Parental Alienation During a Divorce

There is no doubt that divorce can be difficult on children, even if parents do everything they can to shield children from the drama and show them they are loved. In some situations, one parent might make the situation more complicated and emotionally challenging for a child if they engage...

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Parents Timesharing Children During Quarantine

Sharing physical custody – which is called timesharing under Florida law – can be challenging in many ways. Not only do you miss your child when they are not with you but juggling complicated and changing schedules can be practically difficult. This is true even if you can cooperate and...

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Can Alimony and Child Support be Affected by the Pandemic?

The COVID-19 pandemic caused many problems for many people. Businesses closed, jobs were put on hold or terminated, and many people wondered how they were going to pay their mortgage or rent and other expenses. While foreclosures and evictions were put on hold temporarily, there was no pause in alimony...

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Does Cheating Have an Impact on Alimony Payments?

The State of Florida is a no-fault state meaning that you do not have to give a reason for wanting a divorce, other than the marriage is irretrievably broken. However, this does not mean that a spouse’s adultery can never play a role in a divorce case. A court may...

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How are Pets Handled in a Divorce?

For many people, a pet is a cherished member of the family. Some married couples consider their pets to be like children, especially if they do not have any children or they have an empty nest. If a couple decides to get divorced, each spouse may feel entitled to keep...

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Who Gets to Keep the House in a Divorce?

In Florida, the court cannot finalize a divorce until several issues are addressed. One of those issues that arises in every divorce case is how spouses will divide their property, assets, and debts. Florida is known as an “equitable distribution” state, which means that the law requires spouses to divide...

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Benefits of Divorce Planning

In some situations, your spouse may file for divorce without any prior warnings or indications. If this happens, you should act immediately by contacting an experienced Brandon divorce lawyer who can ensure you properly respond to the divorce petition and take the steps needed to protect your rights. On the...

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The Challenges of Divorcing an Addict

When a spouse or partner engages in threatening or harmful behavior, your first priority should be your safety and the safety of your children. Fortunately, Florida law allows domestic violence victims to seek injunctions for protection, commonly known in some areas as “restraining orders.” There are specific procedures to follow,...

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