Blog Posts - Divorce
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...
read moreWhat 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...
read moreHow 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...
read moreIs 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...
read moreContested 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...
read moreWhy 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....
read moreHow 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...
read moreCan Dating During a Separation Cause Issues With the Divorce Settlement?
Florida law prohibits people who are not yet divorced from marrying anyone else until the divorce is final. However, the law does not prohibit you from entering into a dating relationship with someone else while your divorce case is pending. While the temptation might exist to get a head start...
read moreHow 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,...
read moreIs 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...
read moreIs 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...
read moreCan 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...
read moreWhat 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....
read moreHow 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...
read moreHow 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...
read moreHiding 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...
read moreFactors 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...
read moreCan You be Taxed on Money Your Spouse Earns While You are Separated?
When you are married, you and your spouse might file joint tax returns. This means that you will jointly pay taxes on the income and gains that you and your spouse both earned during the previous year. Even if you earned significantly less income than your spouse – or none...
read moreCan 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...
read moreHow 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...
read moreIs 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...
read moreDoes My Relationship with My Spouse Prior to Marriage Affect Our Current Divorce?
Divorce is complicated at the best of times, and one of the most complicated components is the division of marital property. The big questions are what’s yours alone, what’s your spouse’s, and what’s yours to be divided. The fact of the matter is that, if you and your now-spouse cohabitated...
read moreLegal 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...
read moreHow 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...
read moreThe 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...
read moreDoes 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...
read moreHow 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...
read moreWho 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...
read moreBenefits 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...
read moreThe 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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