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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fl.smartchildsupport.com

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.

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.

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.

If 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? 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.

There 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.