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.

If you have decided to get a divorce, it seems natural to move out of the family home. Many people assume that if you move out of the house, that you are relinquishing your rights to the home.

It might reduce the tension and it might feel better to be out of the home, but be aware that it could cause some problems too. Be sure to stop, think of the ramifications and consult your attorney before you make such a major decision.

For most marriages, the marital home is the largest asset. As long as the home was purchased while the couple was married, it is generally considered part of the marital estate and the value should be split. This may make it feel safe to leave, since so long as your name is also on the deed and mortgage, you don’t risk losing out on your share of the value in the home. However, moving out prematurely can lead to other financial complications.

If the primary earner (or whoever pays most of the utilities, mortgage and bills) for a household is the one moving out early, some states can institute a “status quo order.” This requires the party to continue paying the marital bills as they did before the divorce, which could lead the person to pay two sets of bills on the same income as they did for one. On top of legal fees, this can be a devastating financial blow that is completely avoidable if you just find a way to continue living in the marital home while the divorce is under way.

Moving out before a divorce is finalized can cause major financial problems, particularly if children are involved. Additionally, problems are compounded significantly when children get involved. When you are living in the same home, you have daily interactions with you children, but when you move away, you inherently have less time with the kids. It is imperative that you have an agreed upon, and preferably court ordered, placement schedule established prior to either party moving from the residence.

Without an official schedule, you could wind up in a situation where the first person to daycare or school gets the kids — which is a horrible position to put your kids. You are stooping down and playing dirty, but it becomes necessary just so you can see your kids.

Lacking scheduled and evenly split time with children can also lead to expensive payments and issues gaining fair custody after the divorce. If the parties do not agree on a temporary parenting plan and one party moves out of the house, they risk being denied parenting time, which will end up being a costly battle. Additionally, they can frequently end up stuck with child support payments before the divorce is finalized because they have less overnight time with the kids.

It is fairly common for someone to try and stay with friends or relatives while the divorce is being processed, that way they do not have to spend money renting another apartment or home. But this can be problematic if there isn’t enough room for the children to stay the night.

Once again, the person who moved out may not be able to exercise overnight stays because they don’t have enough room, which could hurt their chances for receiving equal custody and require them to pay child support unnecessarily. This can also trap them in the situation where they cannot escape: Now that they are saddled with support payments that could have been going toward a big enough apartment for a 50-50 custody split, they cannot afford their own place.

In most situations, it is safest to try and stick it out in the marital home. You won’t lose access to your possessions and records, you have already lived with your spouse for however long and it will be a relatively short time until you can securely leave once the divorce is finalized. Besides, maintaining contact and communication may help with negotiations to settle the divorce faster.

And if you do decide to leave, definitely consult your attorney and make any custodial or financial preparations before taking that step out the door — it could save you a lot in the greater scheme of things.

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.

Your first thought might have been that maybe the court wouldn’t want you to sell the house until your finances are resolved. On the contrary. If you don’t have children and neither of you can afford the house individually, it might be easier for everyone involved to sell the house so that you can split the proceeds easily.

During the course of your divorce, you may find that there are certain advantages to doing so on a number of levels related to you and your case. First off, cash is likely hard to come by both for you and your spouse while the divorce is ongoing. As such, adding a little bit of money to your bank accounts could be a welcome relief in the midst of spending a fair amount of money on the divorce between legal fees, court costs and the like. Also, since your divorce will be coming to a close sooner rather than later you may choose to take the equity you gain from the sale and apply it towards a debt or towards the down payment on a new home.

Suppose that you have a large amount of debt elsewhere in your life. Maybe you opened up a business and financed the opening through making purchases on a credit card. If you were to sell the house during the divorce you would pay those debts before the divorce is over with. Your cash award from the home would be limited but you also wouldn’t have any debts to concern yourself with. This can be a great prize to aim for as you close out your divorce.

I think the most practical reason to want to sell your home during the divorce is that neither you nor your spouse can afford to make the mortgage payments on your own once the divorce has been finalized. It is probable that both of your incomes were used when applying for a home loan. The loan was offered to you with the assumption that your spouse’s income would combine with yours to result in a loaned amount that was affordable for your family.

Without the assurance that your spouse’s income would be available to assist in making the monthly mortgage payment it may be the best case for everyone to just sell the house. Even though you may feel compelled to try and make it work on your income for the sake of your kids, you are not doing them any favors by remaining in your home when you cannot afford the payments. Imagine what having to move out of your home under less than desirable circumstances could do as far as harming them from a consistency and stability standpoint.

You need to work out a new budget using only your income before you make a commitment to remain in the house. This budget should have your income at the top, the money taken out of your checks on a monthly basis for health insurance and taxes as well as the current mortgage amount or the amount you anticipate paying towards a mortgage refinanced into your name only.

Selling your home is not something that you should enter into without a great deal of forward thinking and planning. It is not only a huge responsibility to sell a house properly, but a lot of money is also at stake. Not planning where you are going to eat dinner tonight is not a huge deal. You can only “mess up” the situation by a few dollars here or there. However, the failure to plan in regard to selling your home could result in tens of thousands of dollar’s worth of mistakes (or more).

For instance, have you been putting off a key renovation of your home for some time? If so, now would be the time that you need to get that renovation done in order to maximize the value of the home. Contacting contractors, getting bids, obtaining a probable timeline of the work to be performed and then agreeing to all of this with your spouse is just the start of the planning process. Skipping over the details or allowing your spouse to take the lead on the planning could result at necessary steps being missed or incurring unnecessarily high costs when it comes to completing these repairs.

Something that you should consider doing early in your case is discussing these issues with your attorney. He or she will have experience walking people just like you through the decision making process associated with determining whether or not it is in everyone’s best interests to sell the family home during the divorce. If the attorney can work out the details with your spouse’s attorney then it can save you from doing so and experiencing the stresses associated with having this discussion with your spouse directly.

Deciding whether or not to hire a real estate agent to help you sell your home
This can be one of the most important decisions that you make in relation to selling your home during the divorce. Real estate agents do work on commission basis but their expertise in the area of home selling could cause your home to become an even more valuable asset for you and your spouse.

Unlike when selecting an attorney to represent both of you in the divorce, you all are able to select the same realtor to work with when selling the home. You do not each need to hire a realtor. The reason being is that unlike in your divorce, you and your spouse have the same goal in relation the home- getting it sold. Having someone in your corner to rely on for advice and perspective can be incredibly helpful.

The best thing you and your spouse can do before meeting with realtors is to do an informal analysis of the market and determine where you want to begin the asking price for the house and to determine what questions you have. Do not assume that you have all of the issues figured out in regard to subjects like this. Defer to the experts and you are more likely to achieve a successful 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 first started seeing each other, everything was a garden of roses. Life was good. Then, as time goes by, perhaps things weren’t so rosy. No marriage is perfect. But how bad does it need to be before you give up and file for a divorce? There are some things you should watch for.

Communication Issues
It is no surprise that one of the leading causes of divorce is communication issues. More specifically, a lack of communication can lead to separation and divorce. A couple needs to work as a team. They need to be able to come to each other for support and understanding. They also need to be able to talk about both the little and big things in life.

There should be room for arguments that don’t focus on who is right and who is wrong. If you and your spouse constantly feel at-odds and can no longer have conversations about things that matter, it may be a sign that it is time for a divorce.

Lack of Intimacy
What is another major sign that it’s time for a divorce? A lack of intimacy in a marriage can be a bad sign. Intimacy is an important part of marriage. It is the main difference between friendship and a romantic relationship.

There may be lulls or times when you need space, but if you can’t remember the last time you were intimate with your partner, this could be a red flag that the relationship is in trouble.

There is no Trust
Through life, your spouse is supposed to be one of the main people that you can trust completely. It is impossible to feel comfortable in any marriage if there is no trust. Many things can lead to a lack of trust including infidelity, lying, and disrespectful behavior. It is not a good sign if you constantly second-guess your partner or have trouble believing the things that they tell you.

There is Contempt
Contempt is a major marriage killer. It can range from resenting your partner to full-on despising them. Your mood may change from positive to negative when they walk in a room. They may criticize your every action or stop treating you like an equal. Whatever the reasons for the contempt, no marriage can last if these feelings of bitterness and anger are not addressed.

Cheating
If you or your spouse cheats on the other – it may be time for a divorce. Cheating can be both physical and emotional. In the age of technology, there are many more ways to cheat on a partner by using phones and the internet.

While some couples recover after infidelity, many do not. If your spouse has cheated on you it may be time to seek counsel and discuss your divorce and separation options.

Loss of Yourself
Some relationships can be consuming. At first, it is intoxicating to be with your partner. However, as time goes on, you may start to feel like you have lost yourself. You no longer have hobbies that you enjoy or you no longer make any time for yourself.

Maybe you feel like you are only staying with your partner for your children. In every relationship, you need to be able to still be “you”. The loss of self can lead to relationship problems and even divorce.

Toxic Relationship
A toxic relationship is one where the dynamic has changed and it is full of negative energy. Where you were once happy, now all you feel is dread or contempt. Some toxic relationships can even turn mentally, emotionally, or physically abusive. While toxic relationships might be worked on in marriage counseling, any type of abuse is unacceptable and should not be tolerated.

You Don’t Care
The marriage may be over and it may be time for divorce if you no longer care about the relationship. It means that you have already given up. This can happen after trying therapy and other actions to work on the marriage.

However, it can also happen without any effort to save the relationship. You may be dreaming of a different life that does not include your spouse. If you no longer care about your relationship and you have already given up, it is a sign that it may be time for a 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.

The court system, like every other part of society, had been affected by the virus. Here in Pinellas County, prisoner visitation has been on video for years, and not face to face. The coronavirus pandemic has crippled the U.S. court system, creating legal dilemmas as the accused miss their days in court. The public health crisis could build a legal backlog that overwhelms courts across the country, leaving some defendants behind bars longer, and forcing prosecutors to decide which cases to pursue and which to let slide.

Judges from California to Maine have postponed trials and nearly all in-person hearings to keep crowds from packing courthouses. Trials that were underway — like the high-profile case against multimillionaire real estate heir Robert Durst — have been halted. Some chief judges have suspended grand juries, rendering new indictments impossible. Other have allowed them to sit, though six feet apart.

Prosecutors may have to abandon some low-level cases to keep people from flooding into the legal system.

Many judges are holding hearings by phone or video chat to keep all cases from grinding to a halt. Other courts are stymied by outdated technology. T

Judges have asked for emergency powers to delay trials longer than the law generally allows and extend key deadlines, like when a defendant must initially appear in court.

That could keep people locked up longer, exposing them to unsafe jail conditions, and violate their constitutional right to a speedy trial, defense lawyers say.

The pandemic has shuttered nearly every aspect of everyday life as the death toll mounts and more states impose strict stay-at-home orders. There are nearly 400,000 cases and more than 12,000 deaths in the U.S., according to a tally kept by Johns Hopkins University.

Still, coast-to-coast disruptions of the courts system are unprecedented.

In 2005, Hurricane Katrina forced courts in New Orleans to temporarily close. The suspension of legal deadlines after the natural disaster left thousands languishing behind bars for months without formal charges, attorneys say. Lawyers there fear a repeat.

The COVID-19 disruptions are causing widespread confusion with prosecutors and defense attorneys as they struggle to file documents, get matters heard in courthouses operating on skeleton crews and share information with jailed clients while maintaining social distancing.

Attorneys are wary of visiting their clients in jails for fear of contracting the virus or spreading it behind bars. They rely on phone calls, which in some places are recorded, limiting what they can say.

“The courts are looking down the barrel of a real serious bottleneck,” said Jonathan Smith, executive director of the Washington Lawyers’ Committee for Civil Rights and Urban Affairs. “I don’t think anybody has figured out what they’re going to do.”

For most people, the new coronavirus causes mild or moderate symptoms, such as fever and cough that clear up in a few weeks. For some, especially older adults and people with existing health problems, it can cause more severe illness or death.

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.