For many people, social media is a part of their daily life. Many people start their day by checking Facebook to see what their friends and relatives have been up to. Many people make regular postings, leaving a paper trail of their lives. While this is all well and good, when you are entering into a divorce, there a lot of things better left unposted.

So just how big of an issue is social media in divorce cases? Recent reports show that:
•81% of all divorce attorneys found social networking information that was later presented as evidence in court
•66% of divorce lawyers use Facebook as one of their primary evidence sources, and
•1/3 of divorce actions begin with affairs conducted online.

Social media activity is especially relevant as evidence of infidelity or financial misconduct.

To keep your social media accounts from damaging the outcome of your divorce, here are the top bad social media habits to avoid during your divorce:

Disparaging Your Spouse Or Ex-Spouse Online

While complaining about your ex on social media can be cathartic, it can also have disastrous results. This is especially true if the comments are false, threatening, or criticize his or her ability as a parent. During a divorce comments about your ex should be strictly avoided.

Deleting Social Media Activity That Could Be Used Against You In Court

Most people like to think that once they delete a post from social media, it disappears forever. However, not only is it almost impossible to permanently delete your social media activity from an experienced computer expert, the act of deleting incriminating posts can be held against you as destruction of evidence or inference of guilt.

Posting Photographs Or Mentioning Drugs/Alcohol Use

Evidence of drug or alcohol use can be used against you as proof of you being an unfit parent. Even casual pictures of you sharing a beer with a friend at a football game can be taken out of context, so exercise extreme caution when someone wants to snap a pic of you partaking in libations.

Discussing New Romantic Relationships

New relationships should be kept private until your divorce is final. Even if your relationship didn’t begin until after your marriage ended, this evidence can be used as proof of an affair. It’s best to keep your new love interest under wraps for the meantime.

Discussing Financial Information Or New Purchases

Excited about the newest tech gadget you just bought from Amazon or the $500 you received from selling your comic book collection online? Evidence of expensive purchases or an influx of cash may impact the calculation of child support or alimony the court will determine you can pay or receive.

Letting Your Friends Post Details About Your Life

Your friends can be a great source of comfort during a divorce. However, by criticizing your ex or posting details about your life they could actually damage your case. Although they might have the best intentions, make sure you spread the word to your closest pals.

Sharing Your Location Information

While it may be popular to check-in online at the hottest new restaurant, sharing location information can be damaging. For instance, sharing the amount of time spent at bars, strip clubs, or casinos may be used against you. This is especially true in custody disputes.

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.

A prenuptial agreement is a legal agreement entered into between two people before they are married that that can cover a wide variety of issues centered on property rights and assets. In addition to the traditional role that most people think of (dictating the division and distribution of a variety of physical assets and setting terms for any required spousal maintenance at divorce), pre-nups can also cover death, incapacity, estate planning, student debt, spousal support and a variety of other legal issues including the division and attribution of income earned during marriage.”

What is the purpose of a prenuptial agreement?

There are many, but “one of the main reasons to sign a prenup is to deviate from what the law would provide in the event of a divorce. People often want to protect their assets from distribution and a prenup is the obvious answer. There are other reasons that might not come to mind as quickly [such as] if one party has a child from a prior marriage — it can be important to have a prenup so that the parent can support that child with marital income. Another reason has to do with the fact that divorce laws vary state by state. If you live somewhere that has laws of equitable distribution but you may move to a community property state, it is important to protect your assets and set how they will be distributed.

Often people want a prenup so they can keep what they brought into the marriage, which the law typically already protects — it’s when financial assets get commingled that things get complicated.

Buying a house together with just one person’s money is commingling. Starting a business together using one person’s capital is commingling. Moving money around more than a few times can even qualify as commingling. The longer you’ve been married, the more you are likely to commingle your assets [and have] non-marital assets turn into marital and, thus, divisible assets.

Prenups are not just for rich people. Typically, you think of a prenuptial agreement as being for those individuals with substantial means to protect. This isn’t always the case anymore, and in fact, many millennial clients hire lawyers to assist them with a prenup to protect them from their future spouse’s student debt and visa versa. Even though these individuals may have significant earning potential, they realize that they should each be responsible for their own student loans. The best part is that these couples have discussed their financial situations in great detail before hiring attorneys to draft a prenup, so there are no unpleasant surprises.

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 you filed for divorce, the business owner probably considered the business extremely valuable, and the spouse was not so sure. After you file for divorce, the business owner may not be so sure, but the spouse’s attorney may now view the business as extremely valuable.

The issue here is to somehow place a value on the business before the marriage and place a new value currently. The amount of increase in value is an asset that must somehow be divided. The values must be presented to the court with whatever evidence is available. If the business owner is not willing or able to sell the business, then in theory, the non business owner should be entitled to assets of equal value.

It is not uncommon that both spouses own a business.  In many of those cases, a spouse received their interest in a business prior to the marriage, either from a family member, or otherwise.  With regard to premarital assets and/or any other assets that a party claims is exempt, that party must prove that the asset is truly exempt.  The inquiry doesn’t end there.  If the asset is an active asset, like a business, the other party may share in the increase in value of the business during the marriage.  Typically, the non-titled spouse will share in the increase in value if they can show that they contributed to the increase by make financial or non-financial contributions.

Another issue is determining what non-financial contributions may look like. The non-owner spouse can contribute to an asset’s appreciation in a number of ways. For instance, a non-owner spouse can provide the necessary support that allows his or her partner to devote time and energy to a business. For example,  a spouse who “took care of the home, worked part – time and raised [their son]” contributed to an asset’s appreciation).

Just because a business is not profitable, does not mean that it has no value.  An unprofitable business may still have a positive fair market value.  For instance, a business can have valuable tangible assets or inventory, as well as intangible assets, such as goodwill and customer lists.

Despite the often espoused notion that businesses are never divided 50-50,  the increase in value of the business is, in fact, very often equally divided. If you are facing a divorce and a business is involved, your first concern should be to retain an competent attorney.

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.

Maybe that’s something you hadn’t thought about. Grandparents visitation.

Do Grandparents Have Rights to See Grandchildren If the Parents Don’t Want Them To? No matter how close grandparents are to their grandchildren, they rarely have a legal right to visitation or custody.

Effective July 1, 2015, Grandparent’s Rights in the State of Florida have changed. Before, a grandparent could petition for visitation rights if the parent’s marriage had been dissolved, a parent had deserted the child, or the child was born out of wedlock and the parents never married.

Can grandparents sue for visitation rights in Florida?
Grandparents can sue for visitation if the parents of their grandchild are deceased, missing or in a persistent vegetative state. … While in many states the 2000 Supreme Court case of Troxel v. Granville made visitation with grandchildren harder to obtain, in Florida this process was already well underway

Can a parent deny a grandparent visitation?
If a child’s parent or parents has denied or unreasonably restricted access to a grandparent, a court will presume that visitation is not in the child’s best interest.

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.

While parents are married, neither parent needs the other’s consent to take the children out of state.

However, if during the course of their divorce a temporary custody order has been put in place the mother may need the father’s or the court’s permission to leave the state with the child.

Typically, a parent can’t move a child to another county or state without prior approval from the court that issued the original custody order.

If no such orders exist, the father should petition the court for an order prohibiting the mother from leaving the state with the child. Based on the mother’s representations the order is needed to finalize the divorce in the state you currently live in. Because a divorce is already pending in that state, it is unlikely that another state’s court will have jurisdiction (authority) to start a new divorce and custody case.

You should contact an attorney who is licensed in your jurisdiction to further discuss the specifics of your situation

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.

Mediation is a good tool to reduce the costs of a divorce. Steve Hair is a proponent of Divorce Mediation “Pro Se” “No Lawyer Divorce”

Addiction is a terrible thing. Unless you have experienced it, it is almost impossible to understand. “Why don’t they just stop” you may ask yourself. There is a thing called the phenomenon of craving, which takes over an addicted person’s mind and is more powerful than a persons logic or will power.

No matter how much you love the person, there comes a time when you need to distance yourself for you own well being, and for certain, the well being of your children.

Filing for Divorce

Many states are no-fault divorce states, which means you cannot file a divorce because of a specific reason, like adultery or addiction. So, legally speaking, your spouse’s alcoholism or drug addiction will not play into your divorce. However, their addiction will undoubtedly affect the divorce process in other ways. Addicts often exhibit certain behaviors which can make them unreliable, unstable, and even dangerous.

If a person’s addiction can be proven, either through criminal records, drug tests, evidence of time in a rehab facility, or other means, the court may be hesitant to give the addict certain privileges. In order to determine how your case will play out, it’s important for you to work with an attorney who has experience working on other cases where addiction played a significant role.

How Addiction Will Impact Child Custody

When children are involved in the marriage, the court will likely take additional action to ensure that both parents are fit and able, especially if there are allegations of alcoholism or drug addiction on the table. Judges will consider the health and abilities of either parent when deciding what child custody arrangement is in the best interest of the child, and if one parent shows a past or current addiction, it will likely affect the custody arrangement.

A parent’s substance abuse habits can be held against them if it in any way affects their ability to care for their child. For example, someone battling a heroin addiction is likely not a good candidate for joint custody because their actions could endanger their child. However, the court is likely to offer alternative solutions to continue allowing the child to see both parents.

The court may consider the following alternatives:
•The addicted parent may be allowed visitation rights when he or she is sober.
•The addicted parent may only be allowed supervised visitation.
•The addicted parent could be required to submit to regular or random drug and alcohol screenings.
•All overnight visits might be off-limits for the addicted parent.
•The addicted parent could be required to go to a rehabilitation facility, Alcoholics Anonymous, or another type of help group.

In some cases, the court might even abolish a parent’s rights altogether. However, this usually only happens in extreme cases where the parent’s addiction has caused the child harm, or the parent has been unable to follow the rules previously set forth by the court.

How Addiction Could Affect Property Division and Spousal Support

Divorcing an addict could lead to several other challenges, including those affecting property division and spousal support.

In Washington, the court will aim to divide all assets equally and fairly, but if one spouse has squandered the marital funds to support their addiction, they could be penalized when the property is divided. The same can be said of alimony. The court may award the sober spouse more spousal support if the addicted spouse spent an unfair share of the marital assets. However, this could be reversed if the addict’s problem is connected to a health issue. For example, if your spouse’s addiction is connected to a mental health issue, they may require financial support to help with treatment during and after the 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.

When people file for divorce, they need to establish a child custody arrangement to reflect their parenting decisions. Some parents may be able to work out a plan among themselves, but many parents require additional intervention from the court. Whether you are going through a divorce or not, you will need to establish a legally binding custody arrangement for the benefit of both you and your child. If you need to go through the family law court to determine child custody, rather than through negotiation or mediation, you are putting these decisions into the hands of a judge.

Before you go to court, find out how courts determine who gets child custody.

Different Custody Options

A child custody arrangement is referred to as a parenting plan. Custody will be awarded in one of several different ways, depending on the needs of the child and the parenting abilities of both parties. In most cases, the court will choose to award both parents shared custody, which means they will share parenting responsibilities in one way or another. However, the court may sometimes decide to award one parent primary custody. When one parent is granted primary custody, the other parent will be granted visitation rights, unless extreme circumstances give the court reason to forbid any contact.

Factors the Court Will Consider

Any custody issue brought to the court will be handled by a family law judge, who will aim to find a parenting plan that works in the best interest of the child.

In order to determine the child’s best interest, the judge will consider several different factors, including:
•The child’s relationship with each parent
•The child’s relationship with their siblings or other individuals in each parent’s household
•The child’s involvement in their community
•Which parent has acted as the child’s primary caretaker in the past
•Each parent’s physical, emotional, and mental health
•Each parent’s ability to care for their child

When the court looks at each parent’s ability to care for the child, they will consider the parents’ work schedules, locations, lifestyle, home stability, and any history of domestic violence or abuse. The court will also consider the child’s wishes regarding the parenting plan if that child is considered mature enough to make a decision.

Although these facts can help prepare you for the child custody system, it is important to understand that each custody case is unique and may differ. If you are going through a divorce with children, separating from your child’s parent, or modifying an existing parenting plan, it is crucial that you discuss your situation with an experienced child custody attorney for advice particular to your 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.

Co-parenting can be difficult, and personal issues of the relationship can add to the hostility. So if is important to focus on avoiding conflicts, and making the situation as pleasant as possible.

Get ahead of your anticipated disputes by designing, implementing, and complying with a detailed and customized Parenting Plan (easier said than done, right?) This document is your roadmap, and provides all parents (biological and step parents) the specific terms and conditions under which they are to operate, leaving no room for “innocent” confusion or misunderstanding.

Set expectations relating to school work. Who will be responsible for making sure that classroom assignments are properly completed and handed-in? Who is available to work on research projects that span across multiple weeks? Perhaps design this by subject matter (Mom helps with Math, Dad helps with English). Or maybe Mom will work with one child, while Dad works with the other. There is no “correct” answer but a well-designed Parenting Plan identifies roles and responsibilities so that academic performances don’t suffer.

Discuss what you are willing (or, aren’t willing) to agree to relating to after-school activities and sports. And please, DO NOT engage your child(ren) in the discussion until after you’ve fully discussed it with the other co-parents involved. Consider the necessary logistics of your child’s participation in after-school activities or sports before making any promises that may or may not be able to be fulfilled. Will this unduly burden one parent, negatively affect time-sharing or prevent adequate time for homework? Are there safety and/or financial considerations?

Fourth, think about how you want to present yourself to your children’s teachers and coaches. Do you want to be the bitter, hateful parent, who seethes at even the mention of the other parent’s name? Do you want to manipulate situations to keep the other parent(s) away from school activities (and in doing so, alienating the child from his/her parent?) Or, do you want to present yourself as cooperative, inclusive, and genuinely more interested in your child’s well-being than in your own emotional turmoils? Participating in Parent-Teacher Conferences is an important element of parenting, and should be shared among all parents willing to be involved. Remember that the purpose of these meetings is for the benefit of your child. In order to avoid awkward, uncomfortable scenes, plan ahead: Perhaps Mom will go to all meetings relating to her son, and Dad will go to all meetings relating to his daughter. Perhaps they will go to all meetings together. Discuss stepparent involvement. Agree to an arrangement so that there are no surprises or uncomfortable moments.

Spend less time fighting the evolution and focus on your family successfully transitioning into a healthy, loving environment.

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.