The Gufford Law Firm, P.A.The Gufford Law Firm, P.A.2024-03-06T11:02:16Zhttps://www.treasurecoastlawfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1103127/2023/04/cropped-GuffordLaw_site-icon-32x32.pngOn Behalf of The Gufford Law Firm, P.A.https://www.treasurecoastlawfirm.com/?p=535082024-02-27T15:37:22Z2024-02-26T15:35:52ZSubstantial and material change
When this happens, the terms of your parenting plan may no longer work. You can change the terms of your parenting plan under Florida law only if you show a substantial and material change in circumstances.
There are no strict rules about what constitutes a substantial and material change of circumstances. It depends on the unique facts of each case.
However, there are some general guidelines you should keep in mind before you file a petition to modify your parenting plan. This will help you avoid wasting time if you do not have a strong reason for the modification.
Courts usually do not consider minor disagreements or issues involving daily interactions with the child substantial or material changes. The exception is if the daily interactions involve abuse or neglect.
For example, if you believe it is best that your child does homework immediately after school and goes to bed by 9 p.m. but your co-parent changes their household rules and now allows your child to stay up until 10 p.m. and do homework then, a court is not likely to consider that a substantial enough change of circumstances to change a parenting plan.
However, evidence that the child’s grades have suffered and that the cause is the different homework schedule might give you a stronger argument that this change has been substantial.
Schedule changes for legitimate reasons
Other common examples of a substantial change in circumstances include a change in a parent’s schedule that makes following the parenting plan impractical or impossible. This is often seen when one parent gets a new job.
Sometimes the change is in a child’s routine. As a child gets older, they may become more involved in sports or extracurricular activities. The time-sharing schedule might need to be modified to make sure each parent continues to receive meaningful time with the child.
It is important to remember that you and your co-parent always have the option of agreeing to the changes yourselves without letting a court decide. If you do agree, it is still best to modify your parenting plan in writing and submit it to the court.
This way, one parent cannot back out of the agreed upon changes if something goes wrong or they no longer agree with the other parent. The only way the new parenting plan can be changed again is by showing another substantial and material change of circumstances that occurred.]]>On Behalf of The Gufford Law Firm, P.A.https://www.treasurecoastlawfirm.com/?p=535042024-01-26T15:30:39Z2024-01-29T15:29:05Zth on the list of states with the highest divorce rates, with 14.99 divorce per 1,000 women.
What causes fluctuations in divorce rates?
There are several factors that can contribute to individual divorces. Looking at the divorce rate in its totality, though, it’s hard to gauge what causes variation. However, studies have found some interesting correlations that are worth mentioning here.
Knowing someone who is divorced increases your risk: Divorce is rather prevalent in our society. But the number of divorcing couples who know others who have been divorced is staggering. In fact, some studies have found that 92% of those who seek divorce know someone else who has been divorced. Is that mere coincidence? Maybe, but maybe not.
Most divorces aren’t mutually initiated: In 73% of divorces, the marriage dissolution is initiated by one spouse. This often means that there’s disagreement about the viability of the marriage and whether it can be salvaged. This highlights how individual, case-specific factors can are a driving force behind many divorces.
Those who have been married for 10 years or more are less likely to divorce: Only 4% of those who have been married for 10 years or more wind up getting divorced. Most divorces occur in marriages that have lasted between three and seven years. Why? Maybe the luster of a newly formed relationship wears off at that point, or maybe it takes that long for a spouse’s true behaviors to reveal themselves.
Lack of compatibility is key: As many as 59% of individuals who get divorced in their first year of marriage say that their marriage failed due to simple lack of compatibility. Oddly enough, though, individuals who live together prior to marriage are also more likely to get divorced, with 11% less of those marriages lasting 20 years or more compared to those who wait until marriage to start living together.
The factors that contribute to divorce on an individual level are varied. However, lack of commitment, infidelity, and abuse rank high on the list of factors that drive divorces. Substance abuse, lack of family support, and money problems can also play a role. If these are issues in your marriage, then you might want to start thinking about whether divorce is right for you.
Don’t allow yourself to be trapped in a bad marriage
Marriages can quickly turn toxic, leaving you exposed to physical, emotional, psychological, and financial harm. You don’t want to jeopardize your future and your happiness on a failed relationship.
That’s why if your marriage is struggling, then you should start assessing whether divorce is right for you. If it is, then take the time needed to diligently assess your situation so that you can develop the divorce legal strategy necessary to position yourself for post-divorce success. Hopefully then you can secure the future you deserve.]]>On Behalf of The Gufford Law Firm, P.A.https://www.treasurecoastlawfirm.com/?p=535012024-01-26T15:26:22Z2024-01-26T15:26:22Zmarital estate must be divided fairly, but not necessarily evenly. Such an approach invites extensive negotiation and litigation, which could put you at a disadvantage if you don’t properly advocate for your position.
But figuring out how to approach property division in your divorce can be difficult. After all, you might have emotional attachment to several pieces of personal property, and you want as much financial support as possible moving into the next chapter of your life. Fortunately, there are steps you can take to protect your interests and position yourself for a successful future.
You can’t go into your property division negotiations or litigation without a strategy and hope to come out successful. Instead, you need a clear game plan that gives you focus and direction. Here are some ways to achieve that in your case:
Gain a clear picture of the marital estate: Sitting down at the negotiating table and requesting half of the marital assets doesn’t mean much if you don’t know what’s in the marital estate. So, in the early stages of your divorce, inventory all marital assets. Be thorough so that you capture everything that could come into play during your marriage dissolution. You should also pay particularly close attention to assets that may give rise to an argument that they are individually owned and thus outside the confines of the marital estate.
Look for hidden assets: You shouldn’t fully trust your spouse during the divorce process, especially if you suspect that they’re hiding something from you. In some instances, spouses try to tuck away marital assets for their own private use once the divorce is finalized. You can’t let that happen if you want to secure what you deserve in your divorce. So, consider what kind of investigatory steps you need to take to identify these hidden assets and loop them back into the property division process.
Create a post-divorce budget: By knowing what you’ll want and need in your post-divorce life, you’ll have a greater sense of direction in the property division process. Creating a post-divorce budget is a great way to figure out what you need out of your divorce. Be realistic when you create your budget so that you don’t cut yourself short.
Figure out your spouse’s goals: Your spouse is also going to have wants and needs going into your divorce. If you can identify them ahead of time, you can use certain assets as leverage to get what you want. This will take some foresight, but you probably know your spouse well enough to figure out what motivates them.
Know how to communicate effectively: If you hope to resolve your case through negotiations, then you need to be able to communicate with your spouse. Finding the best way to do so can be tricky, so look for ways to reduce conflict while still pushing your case forward. A lot of people find it helpful to reduce all communications to writing.
There’s a lot at stake in your divorce, including your financial stability. That’s why it’s crucial that you have a sound plan for addressing the property division process before you head into settlement negotiations and litigation. If you want to learn more about how to position yourself for success in these matters, then please continue to read through our website and find other resources that may be of benefit to you.]]>On Behalf of The Gufford Law Firm, P.A.https://www.treasurecoastlawfirm.com/?p=535062024-01-26T21:42:47Z2024-01-24T20:33:02Zdividing the value of the home can be a complicated task.
If you are in this position, you have three main options: sell the home; continue to own the home together, or have one spouse keep the home and purchase the other's share. Which option you pick may depend on the details.
Marital or separate property?
Whichever option you pick, you must determine how much of the home's value is marital property.
In a Florida divorce, the parties must divide all marital property in a way that is considered fair under state law. Generally, marital property refers to assets and debts acquired by the spouses during the marriage. An asset acquired by one spouse before the marriage may be considered separate property. Separate property is not subject to property division in divorce.
If you and your spouse purchased the home during the marriage, it is likely 100% marital property, even if the home is in just one of your names.
Alternatively, if one spouse owned the home before the marriage, the home could theoretically be considered separate property. However, if the home gained value during the marriage, a court will likely consider this equity to be marital property.
For example, let's say one spouse purchased a home for $300,000 shortly before the marriage, and then both spouses lived in the home for 10 years during the marriage before they decided to divorce. At the time of the divorce, the home is worth $500,000. In this scenario, a court might find that $300,000 of the value of the home is separate property while $200,000 is marital property.
Getting the value of your home
If you sell the home, you can divide the proceeds according to the terms of your divorce. If you decide to remain a co-owner of the home with your ex, renting it out or otherwise, you can work out other terms. But if one of you decide that one of you will purchase the other's share, you will need to determine the fair market value of the home.
For this purpose, it's best to hire valuation experts who can compare your home to others in the area and estimate its value. Once you have that dollar figure, you can negotiate a purchase price.
This can be a complicated process in itself. To return to our earlier example, let's say the home valuation experts say the home is worth $500,000, but you have determined that $200,000 of that is marital property. In this case, the price of one spouse buying the other's share is based on a percentage of $200,000.
Of course, the calculations get more complicated if you still owe a mortgage on the home. But in any case, it's not easy for most people to come up with the amount of cash necessary to buy out their ex's share of the home value, and so they may choose to give them a greater share of other parts of the marital property instead. This can include valuable assets like retirement accounts and investment property.]]>On Behalf of The Gufford Law Firm, P.A.https://www.treasurecoastlawfirm.com/?p=532862024-01-03T17:56:18Z2023-11-29T17:52:51ZContingent beneficiaries
When you create your will and/or trust, you name beneficiaries who will receive your assets after you are gone. But what if one or more of your beneficiaries dies before you do?
No one likes to think about this possibility, but it can happen, and does happen in many cases. If one of your beneficiaries dies before you and you have not named a contingent beneficiary, the assets you intended to leave to your beneficiary will likely go back into your estate and must go through the probate process. This can be slow and complicated for your family, and can lead to results that you none of you wanted.
Real estate issues
Many legal disputes in estate law involve mistakes in conveying real estate.
For example, some people try to leave their home to an adult child by simply putting the child's name on the deed to their home. This gives the child title to the home and can sometimes lead to terrible situations in which a child evicts their parent from their home.
You may have no fear of such a thing happening in your family, but you can create other problems with this kind of maneuver. By handing title in your home over to your child, you may be exposing them to an enormous tax bill.
Choosing the right people
When you create a will, you must choose the person to serve as executor of your estate. It's important to choose a person who can handle the details and responsibilities of this role. You should also choose someone to take the role if your first choice is unavailable.
Similarly, it's important to choose the right person to serve as trustee for your trust. This is a role that requires financial skill as well as responsibility. It can also continue long after you are gone.
And if you have minor children, think long and hard about who you want to name as their guardians.
Everyone needs a plan
So far, we have discussed a small handful of topics to think about when creating your plan. There are many more, but the most important thing to remember is the most basic: Make sure you have an estate plan.
Even if you don't think you have a lot of property to pass on, when you have a well-drafted estate plan, you save your loved ones a lot of trouble and make sure your legacy is one of love, not litigation.]]>On Behalf of The Gufford Law Firm, P.A.https://www.treasurecoastlawfirm.com/?p=532872024-01-03T18:00:15Z2023-11-28T17:52:52Zends at age 18, or when the child graduates from high school. Once the child is legally an adult, the parents can continue to provide for them if they wish to do so, but the court ordinarily won't enforce child support order. If the parents can't or won't continue to support their adult children, the adult children must support themselves.
But what if an adult child cannot support themselves because of a mental or physical disability? Does a parent have a legal obligation to continue paying child support?
Until recently, under Florida law the answer was no. That changed this summer with the passage of a new law.
Dependent adult children
The new law, known as SB 226, specifies that child support obligations do not end on the 18th birthday of a dependent adult child. The law defines dependent adult children as those who cannot support themselves due to a physical or mental condition that began before they reached age 18.
Proponents say the change was necessary in order to clear up an ambiguity in the law. In most cases, parents continue to support their dependent adult children, but there are occasional cases in which a divorced parent will try to have the obligation stopped on the child's 18th birthday. When such cases went before Florida courts, judges found little guidance in the Florida statutes, and so the results were unpredictable. Some courts would order a parent to continue paying support while others would terminate the obligation.
In a high-profile case a few years ago, a Miami man refused to continue paying child support for his 27-year-old daughter who had Down syndrome. When the case went before a circuit court, the judge, finding no guidance in the statutes, dismissed the lawsuit and ordered the disabled daughter to pay her father's legal fees. An appeals court later reversed that decision.
Lawmakers say they passed the new law in order to prevent such a case from arising in the future.
SB 226 clarifies the law for the courts. It also establishes procedures for establishing and enforcing child support orders for dependent adult children and provides safeguards for the public benefits that go to these dependent adults. It also gives dependent adult children or their other parent the right to sue a parent who is refusing to pay child support.]]>On Behalf of The Gufford Law Firm, P.A.https://www.treasurecoastlawfirm.com/?p=532882024-01-03T18:00:57Z2023-10-26T16:52:52Zsetting up their estate plan. By avoiding these you increase the chance of a smooth estate administration process.
Not protecting your original will
Give your original will to someone you trust to protect it and not lose or destroy it. Florida law presumes that a will was revoked if the original will is not available. Leaving your original will in your home or possession is a typical mistake people make, believing that if it is with them, it is safe.
However, once you pass away, your original will could be taken by anyone who is unhappy with its terms.
Not selecting the right executor
Choosing an unqualified executor is another common mistake. An executor, also called a personal representative in Florida, is the person you choose to administer your estate after you pass away.
Your personal representative must be either a Florida resident or related to you by blood or marriage. A personal representative has several duties and a lot of responsibility. They should be someone you trust to handle the responsibility.
Giving unconditional cash gifts
Be careful about giving cash to your beneficiaries. You have no way of knowing how much your estate will be worth when you pass away, and chances are it will not be worth the exact same amount as it is when you are creating your estate plan.
If you want to give cash, consider putting conditions on it, such as if the cash is available or if there is still a certain amount left in the state.
Not knowing the homestead laws
Real estate is usually one of the largest assets in an estate plan and “who gets the house” is something many families fight over. Florida probate law states that you cannot leave your home to anyone if you have a spouse or minor child.
Therefore, if you leave your home to someone else besides your spouse or minor child in your will, that term will be invalid. Your home will not be considered part of your will and will pass according to probate law.
Not thoroughly reviewing your will
Finally, pay attention to details. A misplaced comma in a will could change a gift of $1,000 to $10,000. Asset values and descriptions of assets should also be as accurately reflected as possible.
For example, if a will leaves a certain number of acres of land to someone, but there are additional acres not reflected in the will, who gets the additional acres? Mistakes like these can lead to confusion and ultimately litigation.
The goal of a probate court is to distribute assets according to the wishes of the person who made the will. The court will examine the entire document, not just the portion that contains the error. However, avoiding these mistakes can keep your estate out of probate litigation.
]]>On Behalf of The Gufford Law Firm, P.A.https://www.treasurecoastlawfirm.com/?p=532892024-01-03T18:01:33Z2023-10-06T16:52:52Znew laws do is imperative to be fully ready for what they will face.
Permanent alimony has been eliminated
In the past, people could receive permanent alimony. That is no longer the case. All alimony is now considered temporary. Judges can also end alimony once they have assessed the paying party – the obligor – and their age, health and when they were planning to retire. The ramifications the receiving party will face if the alimony is reduced will also be weighed.
In addition, it changes how rehabilitative alimony is awarded. Rehabilitative alimony is designed to give a person time to accrue the necessary skills, education and training to support themselves so they will not need alimony. This is limited to five years. When there is a substantial change in circumstances, if the person getting alimony does not comply with a plan to end the need for alimony, or the completion of the plan, the award can be modified or ended completely.
When durational alimony is awarded, it means that there is a specified end date. It will not be awarded if the marriage is shorter than three years. It also has certain conditions depending on the length of the marriage.
The state considers a short-term marriage to be one of less than 10 years. A moderate-term marriage will be between 10 and 20 years. A long-term marriage is 20 or more years. When durational alimony is given, it cannot go beyond half the time-frame of the short-term marriage, 60% of the moderate-term marriage and 75% of the long-term marriage.
Alimony can be a contentious part of a divorce
During a divorce, finances will frequently be a topic for dispute. With the new laws in effect, it is even more contentious as people are worried about the future and how they will make ends meet depending on the court’s determination. Given the stakes in this area of family law, it is essential to gather evidence and be ready for the case. Knowing how the law works and what types of alimony is available is the first step.]]>On Behalf of The Gufford Law Firm, P.A.https://www.treasurecoastlawfirm.com/?p=532902024-01-11T22:03:33Z2023-09-25T16:52:52Zminimize the impact of divorce on your children.
How to reduce your divorce’s impact on your children
It’s not easy to rationally talk through the intricacies of your marriage dissolution with your children. But there are things you can do to make the process easier for them. Here are some of the steps you can take:
Don’t lie: Your kids are smart. If they ask you questions and you lie to them, they’re going to know. Therefore, you’re better off being honest with them, but don’t be so honest that you share information that can impact their well-being or their relationship with their other parent.
Don’t allow your child to work it out on their own: Some parents think that their children will work through their emotions on their own. But this is a mistake. Children aren’t equipped with the tools needed to process such intense emotions on their own. Instead, you’ll need to step in and engage when you see that your child is exhibiting concerning behavior. You can also seek out mental health counseling for them if you think that kind of support would be helpful.
Teach your children emotional intelligence: One way your children can better handle their emotions is by learning to talk about them. But this is a skill that’s developed over time. You can help your kids build this skill by regularly talking to them about how they’re feeling and encouraging them to talk about their emotions.
Facilitate time between your child and their other parent: Once your children find some sort of stability, routine, and a sense of normalcy, their emotional responses might level out. One way you can help with this is by fostering a relationship between your child and their other parent, unless doing so is unsafe for your child’s physical, emotional, or psychological well-being.
Seek consistency: To avoid your child preferring time with one parent over the other, try to find consistency between the two households on issues of discipline and other rules. Again, this will help provide them with much needed structure and avoid them becoming overwhelmed with too many changes.
Don’t be too afraid of how divorce will impact your children
You have to take your children’s well-being into account when you get a divorce. But your fears about how they’ll respond to your marriage dissolution shouldn’t stop you from ending your marriage if it’s become toxic and harmful to you and your kids. After all, divorce very well might be the best outcome for you and your kids.
So, if you want to get through your divorce as effectively and efficiently as possible, while still protecting your future and your children, then now is the time to start developing your legal strategy.]]>On Behalf of The Gufford Law Firm, P.A.https://www.treasurecoastlawfirm.com/?p=532912024-01-03T17:59:19Z2023-09-08T16:52:52Zis used to address the possibility that a gun owner could be a threat. People who are facing a Risk Protection Order are unlikely to believe one is necessary. In these instances, they should understand what defenses they can use to avoid this order being put in effect or to have it removed.
Know the facts about Risk Protection Orders
To get a Risk Protection Order, a petition must be filed. A law enforcement agency or a law enforcement officer can file it. This can be done through a person who is authorized to do so, known as the petitioner. The person against whom the Risk Protection Order is being filed is the respondent.
People will take this step if they believe that the respondent could present a danger to themselves or others if they have a firearm. If it is approved, the respondent will be compelled to surrender their firearms, ammunition and a license to carry a concealed weapon. In addition, they cannot buy a firearm, try to buy a firearm or possess one for a specified duration. It can last for one full year.
For a Risk Protection Order, the petitioner needs to provide specific facts. If, for example the person has made specific threats, has shown evidence of being mentally ill, has violated protective orders or has been reckless with their firearms, this could be sufficient to receive the order.
There must be clear and convincing evidence of the danger the person presents. The firearms that the respondent possesses should be listed in the petition. The petitioner is expected to inform those who live with the respondent that there is a risk of violence.
The respondent has options to vacate the order. They can make one request to vacate the order. It needs to be in writing and must show by clear and convincing evidence that they are not a danger. Perhaps they were examined and treated by a mental health professional who provides evidence that they are not a risk.
When the order expires, the person must get their property back. There will be a background check to ensure the person remains eligible to have their firearms. Those who violate this order will be arrested. The charge is a third-degree felony.
Know how to fight a Risk Protection Order
Simply because a person is facing the loss of their firearms because of a Risk Protection Order does not mean it should be granted or extended.
People who own firearms and have a license to carry them should be fully aware of how to combat an attempt to take their weapons away.
This is often viewed from the perspective of the petitioner, but the respondent has options. Knowing them is essential to address these challenges.
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