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10 Important Things to Consider Before Filing for a Florida Divorce



10 Important Things to Consider Before Filing for a Florida Divorce

It’s the dream of married couples to love each other and stay by one another’s side forever. Unfortunately, not all marriages pass the test of time and fulfill the ‘until death do us part’ vow. Love can turn sour, and a relationship you work so hard to build comes troubling down under your watch.

So, what happens if there is no love between you and your spouse? The best thing to do is to file for a divorce. If you live in Florida, you’ll need to understand the process of Florida divorce and what to expect.

Here are ten things to consider before filing for a divorce in Florida.

1. You Must Be a Resident of Florida

For you to file for a divorce petition in Florida, one of you must prove the eligibility of that state for at least six months. You can also file for a divorce if you’re a military member who lives in Florida but works outside the state. One of you must be residing in Florida before filing for a divorce.

2. You Need to File for the Petition

If you’re the one filing for a divorce, the court may refer to you as the petitioner. You must file the petition in the circuit court and state your reason for divorce. But before this, take time to understand what does a divorce entail.

3. You Must Answer the Petition

After filing the original petition, the respondent, who is the person serving the petition, must compose and file an answer. Whoever responds to your petition has twenty days after being served with a divorce file. In response, there is always a counter-petition where the respondent can agree or deny the petition.

The person served with the petition may contest the petition by presenting additional matters to the court. In this case, the petitioner must file a response within twenty days if the respondent presents a counter-petition.

One party involved in the divorce may ask for protective orders, temporary orders, and restraining orders. These may involve spousal support, child custody, and child support.

4. Any Additional Information

The next step is the divorce discovery process. It involves a range of actions.

This starts with the divorce attorney who has the power to collect key information in determining the outcome of the divorce. This is because there is a possibility of one party refusing to disclose all assets to their partners.

You have to look for a reputable divorce attorney who understands the discovery process. A reputable divorce lawyer helps the court with the comprehensive information they need to make a reasonable decision when allocating alimony and distributing assets.

Florida requires you to present a signed financial affidavit within 45 days of filing your petition. Each party must disclose their income tax returns, income proof. These also include bank account statements, credit card statements, personal financial statements, and any other account reflecting debt in the affidavit.

5. Florida Divorce Mediation

In Florida, divorce mediation may come in if there is no amicable agreement. When there are pending issues in marriage dissolution, you may need divorce mediation. You will not need mediation if you’re divorcing due to domestic violence.

You’ll need the services of a divorce attorney when it comes to the mediation process. A divorce lawyer may protect your rights and opinions in different matters. These include division of property at the time of alimony and negotiation on other relevant areas.

6. Splitting Assets during a Florida Divorce

Assets are the most disputed elements when it comes to divorce.  In Florida, the court only divides marital assets and debts. The Florida divorce court identifies the assets acquired during marriage as marital assets.

The court doesn’t divide separate assets believed to be obtained by one of the spouses. These non-marital assets include any property obtained before marriage. Non-marital assets are also gifts and inheritance the spouses get during the marriage but don’t include gifts between spouses.

7. Managing Alimony and Child Support

A parenting plan is always the final step in a divorce that involves kids. Both parents have to develop a plan on how they’ll raise their children after partying ways. Among the things, the Florida court requires them to consider include sharing time with the kids.

Others include how they’ll be communicating with the children. You’ll also decide on which parent will be filling important forms of health care, school, and any related child enrollments.

When filing taxes after divorce, you’ll have to account for both alimony and child support payments. Remember that you can deduct your alimony payments from your gross income but not the child support payments.

8. Provision of all Documents that You’ll Need

In Florida, the court will need to know about all your assets, but only if you provide them with all the documents. This will help them divide your properties. The documents to present to court include copies of bank statements, tax returns, mortgage documents, and other financial information.

You’ll also save yourself a lot of time by providing these important documents to the court. Remember to carry an inventory of household and family possessions. This will help the court determine the temporary support given and if you and your spouse can afford your marital home on your own.

9. Heading to Trial

The Florida divorce laws allow you to head to the judge and not the jury if there is no amicable agreement. Many disagreements usually concern financial aspects and issues related to children.

When you head to the trial, your attorney will table your rights and opinions before the judge. The divorce attorney will cross-examine the witnesses. The judge will then make the final decision on any problem that was never settled during negotiations.

As a petitioner, you can file an appeal if you feel shortchanged with the judge’s final decision. This can lead to a new hearing.

10. Finalizing the Divorce

Once you’ve negotiated and agreed to marriage dissolution, the judge then moves to sign the order of dissolution. This will be the final judgment that declares you divorced.

Now You’re Ready to Divorce

Florida divorce isn’t that difficult because it’s a no-fault state. You don’t have to provide many reasons to dissolve your marriage. All you need is to show that your marriage is over and reconciliation is no longer an option.

There is a host of other information you need to learn about divorce and other things that come with it, such as child custody. We’re here to make the entire process easier and stress-free by giving you all the information you may need. Stay on this site for more informative content.

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Tips for Working With Your DWI Attorney



Tips for Working With Your DWI Attorney

If you are facing a DWI charge, it is important to hire a skilled and competent lawyer to safeguard your rights and assist you through the entire process. Equally important is understanding how to effectively work with your attorney to get the best possible outcome. In this article, we will discuss various ways to foster a good working relationship with your lawyer and explore some key roles and responsibilities of a DWI lawyer.

Understanding What a DWI Attorney Does

Facing a DWI charge can be incredibly daunting. An experienced DWI attorney Austin Texas uses their knowledge of the law to defend you against such charges. They guide you through the legal process, working vigorously to challenge the prosecution’s evidence.

Furthermore, a DWI lawyer will explain your options, court procedures, and potential outcomes of your case. This helps you make informed decisions throughout your case.

It’s also important to note that a DWI lawyer is your advocate and is bound by the rules of professional conduct to act in your best interests.

Finally, in addition to representation in court, a DWI attorney might negotiate a plea deal with the prosecutor on your behalf or help you apply for alternative sentencing options where possible.

The Importance of Clear Communication With Your Attorney

Open communication is the foundation of a great working relationship with your attorney. You need to discuss your case openly and honestly with your lawyer to ensure they fully understand your situation.

Necessarily, an accomplished attorney will take time to explain all the complexities of your case and the legal terms involved. This helps you comprehend the gravity of your case and thus, make sound decisions.

Your attorney should also be readily available to address your concerns at any juncture. They should be responsive and empathic while guiding you through this emotional ordeal.

To facilitate optimal communication, it’s advisable to write down all your questions or concerns ahead of your meetings. This ensures you don’t miss any crucial details.

Gathering and Sharing Relevant Information

Your DWI attorney needs all the relevant information pertaining to your case to mount a robust defense. This includes police reports, eyewitness accounts, and any other details surrounding your apprehension.

You should also inform your lawyer about your previous criminal history if any, as this may affect your sentencing or the prosecutor’s willingness to negotiate a plea deal.

In addition, it’s also essential to tell your lawyer about any other concurrent legal issues, such as divorce or child custody battles. These can greatly complicate your DWI case and should be addressed as part of a comprehensive legal approach.

Remember, any information you share with your attorney is confidential and solely used to help your case.

The Role of Honesty in DWI Cases

The Role of Honesty in DWI Cases

Honesty is crucial when working with your DWI attorney. Your lawyer’s ability to defend you effectively is contingent on the accuracy and completeness of the information you provide.

If you withhold information from your lawyer, it may suddenly surface in court and weaken your defense. Therefore, being forthright with your lawyer might be the first step towards a successful outcome.

Besides, an attorney can only counsel you correctly, knowing the whole truth. This does not mean they endorse or approve your actions; rather, they are better positioned to protect your interests.

Recall that all the information you relay to your attorney is kept confidential under the attorney-client privilege. Consequently, you should feel comfortable discussing all aspects of your case with your lawyer.

Overall, a good working relationship with your DWI attorney is significant to your case’s success. Clear communication, honesty, and active participation in your defense enhance this relationship. Remember, your attorney is your advocate and collaborator. Working together efficiently can help you navigate the complex legal process with relative ease and confidence.

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Lerner & Weiss: Your Trusted Partner in Los Angeles Business Law



Lerner & Weiss

Legal disputes in business are quite commonplace. Whether you have well-defined relationships or thoroughly drafted contracts, as a business owner, you are likely to encounter a dispute at some point during your business’s life cycle.

Depending on its complexity and the relationship between the disputing parties, a dispute may either be easily fixed, be negotiated after lengthy meetings, or even end up in the courtroom.

Whatever the complexity and nature of the dispute, the lawyers at Lerner & Weiss are equipped to deal with your business law queries. A full-service business law firm in Los Angeles, the firm was founded in 1980, and since then, it has assisted thousands of individuals and businesses in resolving issues related to Los Angeles business law. It’s led by Leonard Lerner and Michael Weiss.

Lerner is a skilled litigator who has seen countless successful courtroom days throughout a practice spanning more than four decades. Weiss, a powerful negotiator, has a reputation for relentlessly advocating for his clients’ interests.

What sets Lerner & Weiss apart from their competition is the firm’s spirit of collaboration.

The firm’s lawyers are experienced and knowledgeable about the unique issues in Los Angeles business law and the challenges faced by the local business community. They leverage this insight to craft the best business solutions and legal strategies. Some of the matters that they have developed expertise in are listed below.

Business Formations, Contracts, & Operations

Lerner & Weiss supports businesses at every stage, from formation to dissolution. When forming a business, it’s vital to have the right structure in place, as that will have wide-ranging legal, financial, and tax implications. Based on your needs, the firm’s lawyers will propose the best business structure for your company. Some of the most common business structures are sole proprietorships, general partnerships, limited liability partnerships (LLPs), joint ventures, C-corps, and S-corps. When their client is purchasing a new business, the lawyers at Lerner & Weiss expertly conduct due diligence to eliminate future surprises.

Breach of Contract

Contracts are part and parcel of carrying out business and are often used to clearly define the legal relationship between two parties. Disputes arise when parties differ in their interpretation of obligations or when one party has breached the contract’s terms. The legal team drafts clear and strong contracts that prevent problems related to interpretation. Should a contractual dispute occur, the firm’s lawyers strive to resolve it amicably, pursuing legal action when necessary.

Commercial Receivables Management Services

A crucial part of business is being able to collect your receivables on time. Outstanding debts, when not collected promptly, can create financial hardship, making it difficult for the business to sustain itself. Lerner & Weiss offers a commercial receivable management service to its clients. This service allows clients to focus on their business while the legal team utilizes all the legal methods at their disposal to recover receivables owed to the clients.

Partnership & Shareholder Disputes

As mentioned above, conducting business carries with it an inherent risk of a dispute. If you have a partnership or shareholder dispute, the legal team can help you navigate it with certainty and avoid costly litigation. However, should litigation be necessary, the team will leverage their combined experience of 60 years to formulate effective litigation strategies that ensure the best possible outcome for their clients.

If you are a business owner who has a query about Los Angeles business law, please contact the law offices of Lerner & Weiss. Their lawyers will be happy to speak to you and to assist you in achieving your business goals.

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6 Common Types of Personal Injury Cases



6 Common Types of Personal Injury Cases

Accidents happen, and when they do, they can lead to a wide range of personal injuries. These injuries can be physically and emotionally distressing, causing pain and suffering that can last a lifetime. In such cases, it’s essential to understand your rights and options, which often involve seeking legal help from a personal injury attorney. In this article, you will be able to find information on the six most common types of personal injury cases, shedding light on the situations where you might need the expertise of a personal injury attorney.

1. Car Accidents

Car accidents are among the most prevalent causes of personal injury cases. From minor fender benders to severe collisions, they can result in various injuries, such as whiplash, broken bones, or traumatic brain injuries, which need to be addressed. In cases where the accident was caused by another driver’s negligence, an experienced personal injury attorney in Atlanta or near you can help you pursue compensation for medical bills, lost wages, and pain and suffering on your behalf. This can help you financially while dealing with any aftermath of the accident.

2. Slip and Fall Accidents

Slip and fall accidents can occur in various settings, including stores, restaurants, or even private residences. Property owners have a legal duty to maintain safe conditions for visitors. If you slip and fall due to a hazardous condition on someone else’s property, such as a wet floor or uneven pavement, you may be eligible for compensation from that property owner. A personal injury attorney can assist you in establishing liability and seeking damages for your injuries and assist you with any court proceedings that might arise.

3. Medical Malpractice

Medical professionals are expected to provide a standard of care when treating patients. However, medical malpractice can occur when doctors, nurses, or healthcare facilities fail to meet this standard, resulting in harm to patients. Cases of medical malpractice can involve surgical errors, misdiagnoses, medication errors, or birth injuries. A personal injury attorney can help you navigate the complexities of medical malpractice claims and seek justice for your suffering. Medical malpractice suits can be a lengthy process though. Therefore, having counsel in your corner can help you through this giving you a better outcome on your case.

4. Product Liability

When a defective or dangerous product causes injuries, the manufacturer or distributor may be held liable for damages. Product liability cases can include everything from faulty car parts and contaminated food products to defective medical devices. Personal injury attorneys can assist you in identifying responsible parties and pursuing compensation for the harm caused by a defective product being your advocate and fighting for you.

5. Dog Bites

Dog bites can lead to severe physical and emotional injuries, especially if the victim is a child. In many cases, the dog owner is legally responsible for the actions of their pet. An attorney experienced in personal injury cases can help you determine liability and seek compensation for medical expenses, pain, and suffering resulting from a dog bite. These cases can be tricky to a degree, but that is why these attorneys are important to make sure you have a case.

6. Workplace Accidents

Workplace accidents are common, and they can result in a wide range of injuries, from minor cuts and bruises to catastrophic injuries. In Georgia, workers’ compensation laws provide benefits to employees injured on the job. However, there are situations where a third party, such as a negligent subcontractor or equipment manufacturer, may also be liable for your injuries. In such cases, a personal injury attorney can help you explore all available avenues for compensation rather than merely relying on workers’ compensation benefits.

Insights and Takeaways

Personal injury cases encompass a wide array of situations, each with its unique set of challenges and complexities. If you’ve suffered an injury due to someone else’s negligence or wrongdoing, it’s crucial to consult with a qualified personal injury attorney to protect your rights and pursue the compensation you deserve. Whether you’ve been injured in a car accident, a slip and fall incident, due to medical malpractice, a defective product, a dog bite, or a workplace accident, legal assistance can make a significant difference in your ability to recover physically, emotionally, and financially from the ordeal.

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