When couples make the difficult decision to end a marriage, there are a number of issues to consider, including the division of property. The state of Florida is unique in this sense, as it is considered an equitable distribution state, which carries with it a unique set of legal circumstances.

FLORIDA — AN EQUITABLE DISTRIBUTION STATE

In states like Florida, “equitable distribution” refers to the notion that all marital property should be divided between the divorcing spouses. However, not all property owned by an individual may be considered marital property. For example, “separate” or pre-marital property refers to assets acquired prior to or outside of the marriage.

However, in equitable distribution cases today, things are not always so clear. A recent case ruled that, even if a spouse was the sole owner and titleholder of a home prior to a marriage, the spouse could still be eligible to the equity of the property.

Although the state statutes focus specifically on each spouse being entitled to a certain portion of marital assets, cases may be made for the unequal distribution of assets. In these cases, a court will consider a number of factors, including the contribution of each spouse on the accumulation, waste, destruction or depletion of marital assets.

Because the guidelines regarding equitable distribution are growing increasingly complex, dealing with any sort of significant assets should be handled carefully be a professional, such as a family law attorney.

These types of cases also require a certain degree of financial finesse, and an attorney that understands complex financial issues. In the state of Florida, there are attorneys who specialize in complex family law matters, including those dealing with the equitable, or even unequal, distribution of assets during divorce.

FINDING A DIVORCE ATTORNEY IN FLORIDA

If you or someone you love is dealing with divorce in Florida, or if you are concerned about the distribution of sizable assets during divorce, it is important that you contact a qualified divorce attorney as soon as possible.

In Pinellas County, Steve Hair focuses on a wide array of family law issues, including complex matters like equitable distribution. Steve has  a deep understanding of complex financial issues.

Steve is equipped with the tools and experience necessary to see your complex family law case through to a successful end result.

Steven W. Hair, focuses his practice as a divorce attorney, family law attorney in Clearwater, Palm Harbor, and Safety Harbor.

For more information, visit our website at www.FamilyLawClearwater.com
or call (727) 726-0797.

When you are facing a divorce in the military community it is very important to take steps to ensure you are filing in the right location. With the nomadic life of military families it is very common to live, marry, and then divorce in different states.

DIFFERING DIVORCE LAWS

There are some general differences between a civil and military divorce that must be considered. One of the main differences is that couples have a choice of where they choose to file, which can prove advantageous, depending on the states available. Divorce laws differ from state to state and this can have a direct effect on each party and the overall outcome of the settlement.

WHERE TO FILE

Keep in mind it is not always the official home of record that will have jurisdiction. As well, the state in which you were married also does not come into play unless you established residency there. Adding to the confusion, if one spouse has established residency in a state, the other does not have to live there to file for divorce. However, both parties must be in agreement that they are willing to file for divorce in the state.

BASICS OF CHOOSING LOCATION

There are some basic questions you can ask to determine which state makes the most sense including:

• Where do you vote
• Where do you pay state taxes
• Where do you have bank accounts
• Where were you issued driver’s licenses
• Where were you issued car titles
• Where do you attend church
• Where do you qualify for in-state college tuition
• Where do you own property and pay property taxes

All of these factors are key to establishing residency.

AVOID TRAVEL TO HEARING

Whenever possible, filing in the state where you live is also more convenient. Otherwise you will be faced with the cost of getting to the hearing. This adds to the cost of the divorce.

NO-FAULT DIVORCE

Speaking to a family lawyer who understands military divorce will also help you find the state that will be the most beneficial to you. Looking at a state with “no-fault” divorces allows you to divorce without the need to explain why the marriage is ending. It is the  easiest way to simply claim you have irreconcilable differences and separate amiably and with less stress.

Steven W. Hair, focuses his practice as a divorce attorney, family law attorney in Clearwater, Palm Harbor, and Safety Harbor.

For more information, visit our website at www.FamilyLawClearwater.com
or call (727) 726-0797.

You have head of a Pre-Nuptial Agreement. A Post Nuptial Agreement is similar, but is created after the wedding – sometimes years later.  It outlines the ownership of financial assets in the event of a divorce. The contract can also set out the responsibilities surrounding any children or other obligations for the duration of the marriage.

Couples may have a variety of reasons to sign a postnup, from protecting an inheritance or providing for a stay-at-home spouse to assigning ownership of a business, repaying a parental gift, or salvaging a marriage.

Similar to a prenuptial agreement, postnuptial agreements allow a couple to alleviate tension caused by financial concerns. Entering into this style of contract will allow spouses to establish an equitable distribution of assets if the marriage dissolves.

Prenuptial agreements and postnuptial agreements are risky business as discussions about the subject can cause hurt feelings and arguments. One party may feel that the other party is not committed to the relationship if they are already making plans for the divorce. On the other hand, these agreements may solve some problems if they allow one of the parties to overcome their apprehension to the marriage.

The agreement must be in writing. Oral agreements are not enforceable. There must also be full disclosure of the facts about the financial positions of both parites.

If you to discuss one of these agreements, come in and talk to Steve Hair.

Steven W. Hair, focuses his practice as a divorce attorney, family law attorney in Clearwater, Palm Harbor, and Safety Harbor.

For more information, visit our website at www.FamilyLawClearwater.com
or call (727) 726-0797.

Under Florida law, grandparents, including step-grandparents are entitled to reasonable visitation with their grandchild if the child has been removed from their parent’s custody. However, their visitation must be in the best interest of the child.

What to do when you can’t see your grandchildren?

If you require professional help, it is important to get in touch with your doctor, who may refer you to a therapist or local charity. There are also online organizations such as Granpart, which specialize in supporting grandparents cope with having little or no contact with their grandchildren.

Can my parents stop me from seeing my grandparents?

Generally, a child’s parents have the right to decide whether or not their child will see their grandparents. If parents don’t live together, either parent can let the child see their grandparents during their parenting time.

What legal rights do grandparents have?

The law does not give grandparents any automatic rights to see their grandchildren. So, in almost every case, parents can keep children away from grandparents if they choose to. This doesn’t mean grandparents have no other options.

If you have this issue, perhaps you should come in and see Steve Hair. Steven W. Hair, focuses his practice as a divorce attorney, family law attorney in Clearwater, Palm Harbor, and Safety Harbor.

For more information, visit our website at www.FamilyLawClearwater.com
or call (727) 726-0797.

Under Florida divorce law, all marital property is subject to an equitable distribution. Typically, the court will divide marital property 50/50, unless there are reasons why an equal split would be inequitable (unfair).

Determining which spouse will retain the family home is often a major issue. If children are involved, judges will often grant the home to the parent with primary custody of the children but it is not a guarantee that the home will go to the spouse who has primary physical custody.

Vehicles are another area of dispute in many divorce proceedings. Contrary to common belief, vehicles and other property are not necessarily granted to the spouse who holds sole title. Even a vehicle owned by one spouse alone may still be community or marital property.

A big part of the situation is how long have you been married. If you haven’t been married that long, pretty much what you brought into the marriage is what you take back out. After you have been married for a number of years, the property is probably going to be considered marital assets and will have to be divided.

It may be difficult, but if possible, you want to “play nice”. If spouses can make a list in an amicable way, they can prevent the expensive and slow process in which a court determines distribution of assets. If somehow you can agree between the two of you on a property settlement, and as long as there are no children involved, you can file for what is called an uncontested divorce, and your attorney fees will be much lower.

If you are thinking about getting a divorce, you should talk to Steve Hair. Steven W. Hair, focuses his practice as a divorce attorney, family law attorney in Clearwater, Palm Harbor, and Safety Harbor.

For more information, visit our website at www.FamilyLawClearwater.com
or call (727) 726-0797.

Many people believe a Prenuptial Agreement, or prenup, is a bad idea because it implies they are planning on a divorce at the same time they’re planning a wedding. But the truth is, a Prenuptial Agreement protects both spouses financially in case of divorce, disability, or death. Here, we answer some common questions about Prenuptial Agreements.

Just because it is a good idea doesn’t mean that it is in your best interests to ask for one. There is a significant risk that your asking for an agreement could cause enough friction to break up the relationship. I know of more than one situation where this has happened.

Maybe your intended is OK with the idea. You wait until their friends hear about it and fill your intended with all sorts of ideas. Are you ready for that?

What happens if there is no prenuptial agreement and you get a divorce? This means that most assets or liabilities accumulated during the marriage would be divided equally between the parties. However, individuals are able to retain assets they brought into the marriage and kept separate.  That doesn’t sound so bad, does it?

What if you accumulate assets during the marriage? Isn’t it possible that the fair thing to do is to split those assets?

OK, what if you have rich parents and they are 90 years old? That kind of changes your perspective doesn’t it.

It is helpful to have a Prenuptial Agreement ahead of time that allows you to retain specific property for family heirs or favored charities. Maybe you don’t want the court to give your special heirlooms to your intended’s spoiled children. That’s food for thought.

In any case, you have to decide if that property you are trying to protect is more important than your relationship, because that is the choice that you may be making. However, if you decide to get a prenuptial agreement, call Steve Hair.

Steven W. Hair, focuses his practice as a divorce attorney, family law attorney in Clearwater, Palm Harbor, and Safety Harbor. For more information, visit our website at www.FamilyLawClearwater.com
or call (727) 726-0797.

Couples who are getting divorced often have trouble agreeing on anything. In many cases, they don’t even agree on getting a divorce in the first place.

And when that happens, one spouse may refuse to sign the divorce papers. Or they may not even be around to sign the papers in the first place.

What happens then?

It can be complicated, but it’s not impossible to proceed. Here’s everything you need to know about what to do if your spouse won’t sign the divorce papers.

Does Your Spouse Have to Sign the Divorce Papers?

No, your spouse does not have to sign the divorce papers in order for you to get a divorce.

However, you may have to follow a different divorce process if you can’t convince your spouse to sign.

First, you can file your divorce petition without your spouse’s involvement. And if they refuse to sign the actual divorce papers they’re served with, that’s OK. You can still get divorced.

Each state has its own procedures for this, but in general, the divorce process either takes longer or requires extra legal steps when one spouse won’t sign.

That’s why many people in that situation hire a divorce attorney. An experienced lawyer can guide you through the divorce process as quickly and painlessly as possible.

Contested vs. Uncontested Divorces

If your spouse signed the divorce papers with no issue, you would have an “uncontested” divorce. As a general rule, this is the fastest type of divorce.

It’s what happens when two spouses agree that the divorce needs to happen. And usually, it means they agree to amicable and fair terms of the divorce involving factors like the following:

• Who gets the house
• Division of other assets
• Spousal support/alimony
• Child custody
• Child visitation

Much more common is the contested divorce. By default, if your spouse refuses to sign the divorce papers, you’re dealing with a contested divorce. These divorces are usually longer and more complex.

Find Out Why Your Spouse Won’t Sign Divorce Papers

You can still get divorced if your divorce is contested. But there may be legal issues to solve. To understand what you will have to do, you need to understand why your spouse is refusing to sign the divorce papers.

Common reasons spouses refuse to sign divorce papers include the following:

• They believe the marriage can or should be saved.
• They want to make your life more difficult (and actually want a divorce, too).
• They have left you and you don’t know where they are.
• They do not want to face unfavorable terms on factors like child custody or spousal support.

Why does the reason matter, exactly? Because you need to understand your spouse’s motivations as you determine how to proceed.

It may be that all you have to do is have a calm discussion with your spouse. Or you may need to take different and more serious legal action. Your attorney can help you decide what to do.

Spouse Won’t Sign the Divorce Papers? Call an Attorney

You want to get this divorce over with. We understand that. But we also understand that your spouse is standing in your way.

It’s frustrating. And it’s a common time when people make mistakes — you do something out of anger or frustration that complicates your divorce proceedings. And that may be exactly what your spouse wants to happen.

In any case, call a qualified divorce attorney. Your lawyer can help you understand your options when your spouse won’t sign the divorce papers. And they can give you a legal roadmap to a quick and painless divorce.

Steven W. Hair, focuses his practice as a divorce attorney, family law attorney in Clearwater, Palm Harbor, and Safety Harbor.

For more information, visit our website at www.FamilyLawClearwater.com
or call (727) 726-0797.

Divorce is painful and expensive. It hurts to split the marital assets. You probably have to live a more modest lifestyle. However, some people pay more than you.

Kelsey Grammer  30 Million

Reba McEntire 47 Million

Paul McCartney 48 Million

Heidi Klum 70 Million

Kevin Costner 80 Million

Greg Norman 103 Million

Harrison Ford 118 Million

Brad Pitt and Angela Jolie 400 Million

Mel Gibson 425 Million

Rupert Murdock 1.2 Billion

Alec Wilderstein (French businessman) 2.5 Billion

Feel better now?

Steven W. Hair, focuses his practice as a divorce attorney, family law attorney in Clearwater, Palm Harbor, and Safety Harbor.

For more information, visit our website at www.FamilyLawClearwater.com
or call (727) 726-0797.

Social Media has become more and more a central part of many people’s lives, and not just young people.

How many people are on social media? Social media usage is one of the most popular online activities and in 2021, 82 percent of the population in the United States had a social networking profile, representing a two percent increase from the 80 percent usage reach in the previous year.

Many people don’t think before they post. Once you put it out there, you really can’t get it back. Many people post on a regular basis, and leave a trail of information. Social media data encompasses a broad range of online information including photos, purchase history, active hours on social media, engagement rate with certain types of content, and so much more – who you have been with, what you own, where you’ve been, etc.

Can social media messages be used in divorce court?

In divorce law, as well as criminal law, content on Facebook and other social media sites can be used as evidence since these sites document users’ messages, photos, and even their locations. It’s estimated that about 1 in 3 of all divorces cite at least one social media source.

Can social media posts be used in custody cases?

If you’re going through a divorce or child custody battle, it is important to know that the posts you make on social media platforms can be used as evidence against you.

Steven W. Hair, focuses his practice as a divorce attorney, family law attorney in Clearwater, Palm Harbor, and Safety Harbor.

For more information, visit our website at www.FamilyLawClearwater.com
or call (727) 726-0797.

You’ve probably heard stories about deadbeat dads that don’t pay any child support. If you are getting a divorce, you may be wondering if that could happen to you. Actually the penalties are stiff in Florida, and there is a mechanism on place for enforcement.

How long can you go without paying child support in Florida?

Actually, the paperwork starts after 15 days. You can confiscate their bank account, their tax refunds and put a lien on their car. If gone unpaid for too long, child support delinquency becomes a felony. You are four months past due, and you owe $2,500 or more you could be in big trouble. If the delinquency plus fees are not paid within 20 days, a judgment is entered against the respondent. The judgment becomes a lien against any real property owned by the respondent.

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How do you enforce child support in Florida?

The most common way to enforce a child support order is by filing a “motion for civil contempt.” Filing this motion (written request) tells the court that you have a valid child support order in place, and the noncustodial parent is behind on payments.