Everyone knows there are same sex marriages. That means there are also same sex divorces. The consequences are no less significant. There are assets involved, and sometimes children. You may need a competent attorney.

Do same sex couples get divorces as often? No. Same-sex couples are divorcing at half the rate of opposite-sex couples. According to data published by the Williams Institute at the UCLA School of Law, in 2011 the divorce rate for same-sex couples was 1.1% per year, while the divorce rate for straight couples was 2% per year.

There are some differences. For example, how long have they been married? The length of the marriage affects issues like division of assets. Since same-sex marriages have not been legal very long, the same-sex marriages are of shorter duration.

There may be tax issues. Monies received in a same-sex divorce may be taxable. Spousal support is usually a tax write off for the partner making payments and it is usually taxable to the party receiving payments. This may not be true for same-sex divorces.

Residency requirements may be an issue for same-sex marriages. Most states require some sort of residency in order to get a divorce. If you traveled to another state to get married, and never lived there, you could have some issues when getting a divorce.

Call our office for a consultation today. 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.

. If possible, Pick an attorney who has had a good experience with someone you know. Look around your circle of friends and identify the ones who have had a divorce recently. Ask them if they would be willing to share there experiences with you. There is n0thing better than a referral and shared experience.

. Consider location. This process is going to go on for a while. You probably will have a lot of meetings to signings. You don’t want to have to travel to the other side of time all the time.

. Establish your conditions and then look for an attorney who meets them. Different divorce attorneys take different approaches. Some prefer mediation, while others encourage courtroom appearances. Knowing this, first decide what you want and how you would like the process to go. This will help you weed out the attorneys who aren’t going in the same direction as you. After all, it’s important to start the process on the same page!

. Do your research. There’s more than one way to end a marriage, and which route you take could significantly impact the course and duration of the processes involved in executing the divorce. As such, it will be important to thoroughly research which option best aligns with your goals so you can then decide whether you want a collaborative process, mediation, or traditional litigation.

.Weigh your options. Contrary to popular belief, you don’t have to rush the process. In fact, doing so could negatively impact the attorney you choose — and that’s something you want to avoid at all costs. Even if you like the first lawyer / law firm you meet with, we highly suggest interviewing at least three other local practices to ensure you’ve given yourself a chance at finding the best fit for you.

.Be thorough in your interviews. In our opinion, the hiring phase is one of the most important parts of the divorce process, as who you choose to represent your case can affect the ultimate outcome. Be sure to ask as many questions as necessary to understand the attorney’s practice and to ensure their goals and objectives line up with your own. And, always be on the lookout for red flags such as promises that sound too good to be true (they probably are!), an impersonal feel from the attorney, and/or an attorney who demonstrates a lack of concern for your personal privacy.

. Stay focused on what’s important and let the other stuff go. Divorce can be highly emotional, even when both parties want it. As such, it’s important to remember: “Don’t sweat the small stuff.” The right attorney can help you sift through what’s important vs. what’s not so you can make decisions that count and disregard the rest.

. Be smart about your decision. In the end, who you choose to represent you through the divorce process should embody what you consider to be most important (which is exactly what the above list is all about). You will also want to pay attention to the attorney’s location, accessibility, responsiveness, and accommodations. These type of convenience factors go a long way when you’re dealing with a process that can take months, sometimes years, to complete.

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.

One of the first issues to decide when contemplating a divorce is who is going to get the house. If there are children involved, many people would expect that the wife should stay in the family home. However, this may not always be the best solution. Will the wife have the financial resources after the divorce to maintain the house? Perhaps downsizing is going to be required since two households are now going to have to be maintained on the same incomes that maintained one household. There are really only three choices.

Put the House Up for Sale
If neither spouse wants to stay in the home, or neither spouse can afford to stay in the home, you might want to put it on the market to try to get the best price possible. This can be hard for families because of the moving out process – everything can feel very final and “done.” But often times it’s easier to have the money from the sale than a large asset that reminds them of their divorce.

Buyout
A house buyout is when a spouse releases hers or his interest in the house – this is in exchange for cash or the promise of cash to be paid in the future. This often happens in instances where the primary caregiver for the children want to stay in the house with the children. There are a lot of intricacies with a buyout – you’ll want to work with a negotiator that can help advise you on this if you feel it’s the best option.

Co-Ownership
Sometimes a sale nor a buyout will work for your situation. In this case it might be best to consider co-ownership for a predetermined amount of time. This will need to be clearly defined. Essentially, this will redefine your relationship with your spouse – you will now have a business relationship of “co-owners” of the property.

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.

Some relationships are better than others, but is yours toxic?

Dr. Lillian Glass, a California-based communication and psychology expert who says she coined the term in her 1995 book Toxic People, defines a toxic relationship as “any relationship [between people who] don’t support each other, where there’s conflict and one seeks to undermine the other, where there’s competition, where there’s disrespect and a lack of cohesiveness.”

Some people are toxic, and there’s no fixing them. They may suffer from mental disorders, and they may not be aware of the trouble they cause or the reasons for doing so. Life is too short to waste years in an unhappy drama driven situation. You have to decide if the bad outweighs the good.

The most serious warning signs include any form of violence, abuse or harassment, which should be dealt with immediately. But in many cases, the indicators of a toxic relationship are much more subtle.

The first, and simplest, is persistent unhappiness. If a relationship stops bringing joy, and instead consistently makes you feel sad, angry, anxious or “resigned, like you’ve sold out,” it may be toxic. You may also find yourself envious of happy couples.

If you suspect you are in a toxic relationship. perhaps you should come in for a consultation with 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.

One of the most painful parts of the divorce process is splitting up the family assets. You need to figure out what you are going to ask for. In order to do that, you need to understand the process. The first thing you are going to run into is that the court will establish “temporary orders” where the breadwinner will need to provide adequate funds for the family to continue to function in the same manner they are accustomed to during the process. This may provide some serious financial shock.

If there is a business involved, there is the very complicated process of placing a value on the business, so if one spouse keeps the business, the other is compensated.

Before you start you need to understand the situation. For example, family assets acquired during the marriage are usually divided equally. The non working spouse may be entitle to half of the retirement compensation due the working spouse. It is important that you have a consultation with your attorney to go over the ground rules before you begin this process.

Know Your Case
Being familiar with the facts of your case is crucial to crafting a list of reasonable demands for a divorce settlement. Some of the facts you and your attorney should know include:

Property value and the total amount of any debt you might have
Financial information about assets, including bank accounts, retirement accounts, stocks, bonds, and trusts
Your spouse’s finances, i.e. how much he/she makes monthly and where the money goes
Cost of future living expenses and inflation (including housing, child care, education, healthcare, etc.)
It is also crucial to accept that you may not get everything you ask for. When negotiating, make sure you only fight for what you truly value. One of the biggest mistakes divorcing spouses make is spending time and money arguing over insignificant matters. Instead of letting emotions control the situation, take time to make rational decisions when at the negotiation table and choose your battles wisely.

Compromise Helps
Showing your spouse you are willing to compromise on some points may encourage him or her to do the same. When spouses resist compromise to spite one another, this can result in both parties losing out on what they want from the divorce settlement and may increase the costs of your divorce by dragging the process out.

Also keep in mind that negotiating a settlement agreement (which occurs in most divorces) is what keeps you out of trial. In a trial, a judge will make all the decisions and define the terms of your divorce, including division of property, child custody, etc. To avoid having to go to court, you may also consider divorce mediation as an aid in the dispute resolution and negotiation process.

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.

Before, during and after the divorce, there are some things about taxes to consider when making decisions. For example, consider the write off for dependents. You normally give the deduction to the custodial parent. However, if the non custodial parent is in a higher tax bracket, there are advantages to allowing the non custodial parent to take the deduction. This should be negotiated as part of the divorce settlement.

Also, consider how the taxes have been prepared in the past in determining the value of an asset. If the write offs have already been taken, the asset may not be as valuable as they appear. By the way, there are not normally tax consequences in distributing assets between marital parties in a divorce settlement.

Particularly if there are significant income and assets involved among the parties in the divorce, it is important to have a consultation with a competent attorney before negotiating a divorce settlement. Steven Hair has had many years experience in these types of determinations.

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.

I know it sounds scary. It has probably been a while. Your social skills might be rusty. If you don’t feel that you are ready, that’s OK. But if there is not good reason not to, why not? No sense sitting home.

Pick your style. Maybe something less than formal dating might work for you. Try signing up for a cooking class, a new fitness club, or something else that sparks your interest. While it isn’t necessarily dating, it would put you out there in a new social setting, which can be a great way to test the waters before plunging in head-first. Plus, you might wind up meeting someone! A variety of classes are offered over Zoom these days, making joining a new social scene even easier. Consider joining a Meetup group that is focused on your area of interest.

Maybe wait until it’s final. Dating before a divorce is legally finalized is rarely, if ever, a good idea. Before your divorce is legally finalized, you’ll still be very busy with court dates and paperwork—depending on the route the two of you have chosen to take—and it’s probably better to allow yourself some space and alone time during this phase. There isn’t any one-size-fits-all dating after divorce timeline, but dating so soon after the end of a marriage can often create additional hardships. Take the time to focus on you, and think about dating after the divorce settlement is officially signed and official.

Have Realistic Expectations. The first person you date is probably not going to be your Prince Charming. That’s OK. You might need some practice to get your personal skills perfected.

Dating is probably different now. Maybe you didn’t use dating sites last time. You probably will this time. It beats going to a bar and meeting someone that you don’t know anything about. One good thing about dating sites is that it allows you to know a reasonable amount of information about the person ahead of time. Do you want to have more children? It’s good not to waste your time getting involved with someone who doesn’t share your views on this critical subject.

Take your tine. Trying to speed things along may be tempting at times, but rushing through a relationship will only create more problems. Instead, focus on living in the moment and take time to check in with yourself. Residual feelings from your divorce might resurface, sometimes suddenly, and that’s okay. Let yourself feel sad, frustrated, or upset, and take the time to face those emotions and move forward at your own pace. Even if you feel a strong attachment to someone you’re dating, remind yourself that you just got out of a serious relationship, and you need to pace yourself.

Have fun. Remember, dating should be fun—so enjoy it! Don’t be afraid to laugh at the bad dates and poke fun at the ridiculous encounters. And, when you do find someone you click with, let yourself be happy and carefree—you deserve it.

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 think about divorce, one of the first things you think about is child custody. However, what you may not think about is that pets become like family members, both parties may be extremely attached to that pet, and the parties may not be able to agree as to what is going to happen with the pet.

You may be expecting that the court will make the decision allowing for some kind of shared custody or visitation rights. However, the truth is judges have “no authority” over shared pets during a divorce proceeding.

Whether you agree with the concept or not, pets are considered as property by the courts, just like a piece of furniture. The judge will award custody of the pet to one party or the other, and the basis for the award will depend upon the circumstances in the case.

The sole statutory definition of a “pet owner” could be defined using the Animal Control Act. Under this legislation, an “owner” is defined as “any person having a right of property in an animal, or one who keeps or harbors an animal, has it in his or her care, or acts as its custodian.”

As society moves from viewing pets as “property” and begins to view them more and more as family, there will likely be more instances of couples arguing over the “custody” of their beloved family pets. While it is possible for legislation to change with the times, the current laws stand that when a marriage ends, the court has no legal authority to award “custody” of pets.

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.

We all pretty much know the basics of how a divorce works when the parents are married. How about when the parents are not married. The assumption is the the courts will rule in favor of the mother. That is not necessarily the case. You can get custody, but the procedures night be different.

First you must somehow prove that you are the father and that you have parental rights. Obviously you need to take a DNA test, and have the results or the DNA test for the children.

Next, you need to file the paperwork. The outcome of the paternity suit, however, is not based on a procedure but more on many factors that a judge considers throughout the case. Judges look at a wide array of factors, most notably the relationship the father has with the child and any parenting concerns the father has regarding how the child’s mother is caring for or raising him or her. These factors play a major role in how the judge decides the case and whether the father gets the outcome he hopes for.

Filing a Paternity Suit
When an unwed father files a paternity suit, he is petitioning the court to provide him with access to his child, which is based on the idea that contact with both parents is within the child’s best interests. In this petition, the father can request custody, visitation, or both, but it is important to note that custody and visitation are not the same thing. Once the petition has been filed with the court, the father needs to ensure that the child’s mother is served with a notice that a petition has been filed.

Making a Custody Case
Fathers will want to hire an attorney to help build their custody case. If fathers have any concerns or evidence that the mother is improperly parenting the child, it is important they inform their attorney of these facts, including reports of neglect, any cases with child protective service agencies, or evidence of unfit behavior. If the mother does not have any negative parenting attributes, the father may want to consider petitioning the court for visitation as a backup plan.

The Custody Decision
Depending on the circumstances of the case and the evidence presented, the judge decides on the father’s petition. The father’s request for custody or visitation will either be granted, denied, or some compromise will be made between both parties. It is important to know there is no such thing as a “final decree” when it comes to child custody issues – there is always an opportunity to have child custody agreements modified or changed depending on the circumstances of the case.

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.

According to the Wall Street Journal, the percentage of seniors getting a divorce has increase in recent years. This could be because people are living longer. It could be because divorce has lost it’s stigma. It could be because people are more independent these days.

That brings up some interesting challenges. Who is going to be there for me when I get older? Who is going to take care of me if I have an operation? There are some things to consider.

Financial Issues
The financial consequences of divorce can be devastating for some seniors. Rising living expenses later in life can derail retirement plans or make it impossible for spouses to keep the marital home on a single income. According to USA Today, retiring can be 30-50 percent more expensive for divorced seniors. Seniors who divorce will also have less time to pay off debt and recoup potential losses. Additionally, the earning potential for seniors is far less if they have already left the job market to retire.

Social Security Issues
Individuals over the age of 62 who divorce their spouse after being married 10 or more years can collect retirement benefits through their ex’s Social Security record. This can be done without reducing the ex’s benefits. Former spouses might also be entitled to receive Social Security survivor benefits after their ex passes away. You should consult with an experienced divorce lawyer to determine if you are eligible to claim Social Security benefits after your marriage ends.

Insurance Issues
Many older couples often appoint one spouse to handle insurance matters, such as paying monthly bills or updating policies. After the couple divorces, the spouse that wasn’t in charge of these matters will have to get their own insurance policies. This can be daunting if the person has never encountered these issues because their ex used to take care of it all for them.

Long-Term Considerations
Facing the prospect of long-term care and preparing for one’s final wishes are some of the many factors that often need to be considered in a Gray Divorce. Updating your estate plan both during and after the divorce is recommended, as well as planning for the stipulations and costs of long-term medical care, should it be required.

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.