Getting Started With a Divorce

Getting divorced is a traumatic sobering experience. Be prepared and get ready.

Get legal representation. 

Finding a kind compassionate attorney that you are comfortable with will reduce the pain. You are probably going to hear some things that you aren’t going to like, so you want to hear it from someone who will give it to your gently.

You  want to find someone who is primarily a family law attorney. You want someone who is familiar with the different approaches to divorce. (Steven Hair is a Florida Supreme Court Family Law Mediator).

Have that talk with your spouse

Sit down with your spouse at a time when things are quiet and unhurried. Try to maintain a loving atmosphere as much as possible. This is someone that you loved at one time, and if children are involved, this relationship will go on for a lot more time. Remain calm. Revenge has no place in this process.

See if you can agree on the approach.

There are many different avenues to take when it comes to divorce. If the atmosphere is really friendly, a collaborative divorce is the most desirable and least expensive. If things or cordial but you disagree on a few things, mediation will streamline the process and save you some money. If you miles apart, you may have to use the conventional approach and go through the courts.

For most, what comes to mind are traditional litigation tactics, which can result in individuals battling out the terms of their separation in court. However, there are other viable methods and approaches for divorce. For example, there are options for collaborative divorce and mediation. In these approaches, the couple can work together to reach agreements on support, alimony, or parenting plans. It is essential to point out that not every couple can negotiate or is willing to compromise. In these situations, traditional litigation and court-based approaches are the way to go.

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.

Questions To Ask Your Divorce Attorney

Steven Hair

What is your background?

Are you a family law attorney? It that you the area you spend most of your time on, or do you practice other specialties also? How long have you been practicing family law? How are your Google reviews?

Do you practice alternate forms of divorce?

Do you have experience in mediation or negotiated settlements, or do you only handle conventional divorces?

What is your strategy for my case?

Do you take an aggressive approach, or do you attempt to create a pleasant climate?

How accessible are you?

How long will it take for you to return a phone call or an email? Are you available outside of standard office hours for an emergency situation?

Cost

What is your hourly rate? Do you charge by the hour or by the task? What do you estimate the divorce will cost for legal fees?

Result

What do you predict will be the final result of the divorce in terms of property settlement and custody arrangements? Will there be temporary orders?

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.

Financial Disclosures

Yellow house on some American money isolated on white, Investing in a houseIf you are going to get a divorce, you have to disclose your financial information in court, where the whole world can see it. There is no getting around this. Filing a Florida Financial Affidavit is required.

You are going to have to disclose all of your income. That includes salary, including bonuses, any government benefits like social security and disability, your pension, and income from investments.

You can obviously subtract your deductions from income, like taxes, 401 K withholding, insurance premiums and alimony or child support.

Your are going to have to disclose all of your assets. If you have the urge to hide things, don’t do it. If one party suspects that they other party is not disclosing everything, they can hire a financial forensic person, who with subpoena power can probably find almost everything.

If the court finds that you failed to provide complete disclosure, they can declare the divorce decree invalid, and they could even require that you pay the other party’s legal fees.

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.

Did You Just Move Here?

woman movingDid you just move here? A lot of people did. The latest stats from snntv.com indicate that nearly 1000 people move here every day and many are coming from northern states like New York, New Jersey, and Connecticut. According to move.org, Florida was the most moved to state in 2020.

For some divorcees, that means moving out of state to be closer to family, a new job, or to start a new adventure. If you’re planning on relocating to another state after your divorce, make sure you start out on the right path.

If your divorce decree creates continuing obligations between you and your ex-spouse, you need to let your spouse know about your move. For example, if you are receiving or providing alimony or child support, your ex-spouse should be able to locate you.

Can You Move Out of State With Children?

If you are a parent, the procedures for moving to a new state might be more complicated since your move will affect not only you but also your children and your ex-spouse. Generally, you can only move a child out of state with the other parent or court’s permission.

We can assist you in recording your divorce decree in a Florida court. This is make it easier for you to enforce the stipulations in the decree. Call out office for an appointment.

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.

 

Why Are You Getting a Divorce?

gamblerThere are many reasons why people get a divorce

Someone Isn’t Trying

It takes two people working together to keep it together. One person can’t do it by themselves. Marriage takes work and commitment. A lack of commitment will really contribute towards a divorce happening.

Not That Much in Common

As time goes on, your interests change. You may find that you don’t have as much in common as you to. In the early days, you had infatuation to keep you interested. As time goes by, infatuation naturally goes away. Real love is when you want to be together after the infatuation goes away. You can work to find common interests that you both enjoy.

Cheating

This one is a biggie. And it’s not always the man. Twenty percent of men cheat, but 13 percent of women cheat. When this comes out in the open, it is very hard to overcome. Some people are able to work through the infidelity and get past it, but most people get divorced.

Bad Behavior

Sometimes there is abuse, physical or mental. Frequent demeaning comments can be more painful than a slap in the face. Addiction of one of the spouses can be difficult to overcome, particularly if there are financial consequences.

Regardless of the reason, perhaps you are ready to talk about a divorce. Call our office and make an appointment 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.

How much does the divorce cost?

Yellow house on some American money isolated on white, Investing in a houseDivorce is painful, but it is also expensive. There are a variety of factors that do into a divorce.

Temporary Orders

If there are children involved, you need to reach an agreement as to who is going to pay what during the interim. Life goes on. You still have to pay for the sports activities, the doctors visits and all the day to day expenses. If the primary wage earner is leaving the household, the mortgage payment and the power bill  still have to be paid. Hopefully the spouses can agree on a temporary arrangement. However, it may be necessary for the judge to rule on temporary orders.

Litigation is obviously the most expensive route. How friendly is your relationship with your ex? Mediation or a collaborative are much less painful and less expensive alternatives.

One of the spouses may have a lot of anger or deep emotional feelings that may not be entirely rational and that may get in the way of process. There may be a perceived need for some sort of revenge or a need to create pain. Someone needs to give consul to the angry party, and try to hep them move through this.

Liquidating Assets

The more assets, the higher the cost of the dissolution. If it will be necessary to sell the house, this is going to take some time. Buying a house in today’s market is incredibly challenging. Sellers are frequently receiving multiple bids, with many way over the asking price. There is a considerable shortage of homes, particularly on the more affordable housing. If one of the spouses is downsizing, this is going to be tricky. Interest rates have gone way up on mortgages, and it’s only going to get worse. You may experience a horrible sticker shock, and you may have to downsize more than you had hoped, due to the increased costs.

Hidden Assets

Do you suspect that your spouse has hidden some things? If you do and you need to pursue this, the investigative process is going to take time and can get really expensive. perhaps you can find a financial person that you could agree on who you would consider neutral who could examine your assets and give you an opinion.

You need to be informed going forward. You should call our office and arrange 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.

Who is the Dad?

DNA testWhen a married couple has children, it is normally assumed that the husband is the father. However, this may not be the case. Also, when an unwed mother has a child, the paternity of the father may be very much in question.

The mother may wish to establish paternity of the father for financial reasons. If the suspected father refuses to admit paternity, the mother may request a court hearing. The suspected father is required to attend. Based on the testimony, the judge may require a DNA test. The suspected father is required to comply. This is called “involuntary paternity determination”.

If paternity is established through DNA testing, the father may be required to make child support payments. The father may or may not be granted visitation rights. This will be determined through the circumstances. If you are involved in this type of situation, you would be well advised the consult with a qualified family law 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.

Gambling Addiction

gamblerLast week was Super Bowl Sunday. While that was probably fun for many people, for, people with relationship problems, it can be a dreaded day. It is certainly a day for excessive drinking, up there with New Years Eve. It is a big day for domestic violence, and it can be a big day for gambling.

Does your spouse have a problem with gambling addiction? Gambling addiction is the uncontrollable urge to continue gambling despite the toll it takes on one’s life. Gambling is addictive because it stimulates the brain’s reward system much like drugs or alcohol can. In fact, gambling addiction is the most common impulse control disorder worldwide.

How do I stop my gambling addiction?

Professional help is available to stop gambling and stay away from it for good.

  1. Understand the Problem. You can’t fix something that you don’t understand. …
  2. Join a Support Group. …
  3. Avoid Temptation. …
  4. Postpone Gambling. …
  5. Find Alternatives to Gambling. …
  6. Think About the Consequences. …\
  7. Seek Professional Help.

What Causes an Addiction to Gambling? Many factors can contribute to a gambling addiction, including desperation for money, the desire to experience thrills and highs, the social status associated with being a successful gambler, and the entertaining atmosphere of the mainstream gambling scene.

Can a compulsive gambler change? Considerable changes in attitude and behavior have to occur on the part of the gambler and spouse/family. In conclusion, while not every action compulsive gambler will go through every stage of the cycle, he will normally go through the first three at a minimum. Many stop at stage four and never make it to recovery.

Is your spouse’s gambling affecting the family’s finances? If so, you may want to call our office and come in for a consultation. 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.

Who Gets the House?

Yellow house on some American money isolated on white, Investing in a houseGetting divorced is a difficult time, and one of the big issues that has to be decided is who gets the house. This of course depends upon your circumstances. After the divorce, who has the resources? Which party would be able to afford to keep up the house with a single income? What is the equity in the house? If one party gets the house, will the other party get assets of equal value? There a just a few ways to make a settlement.

Sell the house and split the proceeds

This is the easiest way to deal with it. Both parties end up with a share of the proceeds.

One party buys the other out

Perhaps there is a reason for one of the parties to remain in the house. Perhaps there are children involved and the remaining party doesn’t have the resources to purchase a house on their own. It may be that both parties have an interest in one of the parties remaining in the house with the children. How will the party leaving the house be compensated? This can be difficult and you probably should have a professional help you negotiate the agreement.

Co-Own the house

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.

Getting Back Together

You’ve heard of couples getting remarried after getting a divorce. It is possible. Studies reveal that between 10 and 15 percent of married couples who separate eventually reconcile.

The first thing you should do, if your are considering this, is to ask yourself “what was the issue that caused you to get divorced in the first place.” Has anything changed? Are you liable to get back into the same situation as before, and have to incur the same legal fees all over again.

Reconciliation will not restore the relationship you had before the divorce – or at least, this shouldn’t be your goal. Think about reconciliation as the start of a brand-new relationship. After all, striving for the “way things were” will only lead to the same issues that ended in divorce the first time around. In the time between your divorce and now, you and your spouse have likely changed. If your spouse says he/she has changed, give him or her a chance to prove it. If you believe you’ve changed, there’s no reason to assume your spouse is the same person he/she was at the time of your divorce.

DECIDE IF REMARRIAGE IS RIGHT FOR YOU
For some couples, reconciliation after divorce naturally leads to the question of remarriage. Aside from personal questions relating to this move, you must also consider the legal ramifications of remarriage. You will likely need a family law attorney to help you navigate your divorce decree and new plan that remarriage would instate. Remarriage will not automatically negate the stipulations on your divorce decree. For example, it will not end provisions such as waiving a former spouse’s right to inherit from the other spouse. You will need to create a new estate plan with help from one of the best Clearwater family attorneys if you remarry.

One of the main reasons why couples typically get back together after a divorce is because they actually worked on the issues that split them apart, to begin with. Time changes a lot, and they more than likely used that time to prove that the changes are longer lasting than they initially thought. This time around, bad habits and attitudes have been left behind.

You Have Different Expectations
Another reason why couples may give it another try after divorce is because they may have high hopes of things being different the second time around. They could also still be in love with their former spouse, and this may lead them back in their arms again.

You Were Too Young Before
Many times couples marry young even when they aren’t ready. This may ultimately lead to a divorce. With time after both couples have grown and matured, they may end up reconciling. This could be true for one or both couples. They may realize that what they gave up was something extraordinary.

If this is your situation, perhaps you should make an appointment to have 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.