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Fort Myers Divorce Law Blog

Fathers, custody issues and emotional pain

For fathers, divorce and the various family law matters that may arise can be challenging in many different ways. For example, financial difficulties that stem from spousal support, child support or the way in which a court decided to divide marital property may arise. However, these issues can also create strong emotions, such as depression or anger, especially when they involve children. If you are a father who is struggling through a custody dispute or fighting to secure your visitation rights, the Florida law firm of Fried & Fried knows how hard these experiences can be.

If you have been unable to see your child for an extended period of time, or are worried that you will lose the ability to visit your child, you could be facing a considerable amount of stress. As a result, it is crucial for you to explore any options you have and try to do what you can to find a healthy outcome. Aside from fathers, custody and visitaton issues can also create problems for children who may miss people that were an important part of their daily lives. Moreover, other family members, such as mothers and grandparents, may also struggle with these matters. For anyone going through these difficulties, reviewing the details of the case and staying committed to finding an outcome that is healthy for children should always be a key priority.

Why should I avoid social media during my divorce?

You may be in the habit of checking your emails, text messaging your friends and posting on social media every day. But if you are going through a divorce in Florida, you may want to change your habits a bit. At Fried and Fried, P.A., our attorneys frequently hear from our clients how their spouses use their online activities to complicate their situations. They ask us how we can help them keep their spouses from using their online activities against them.

Although you may feel the urge to share your feelings with your friends and relatives for support, you should be mindful of how you do it. The information you post online may become fuel for your spouse to use in your divorce, states SocialMediaToday.com. Here are two things to take into consideration about your online activities.

4 pieces of key advice when divorcing your business partner

Your business partner is also your spouse. You got married a decade ago, then you both quit your jobs and started a company together.

At the time, you were full of optimism and hope for the future. For the business, those goals came through. It flourished. You were soon earning far more than you had been in your old corporate job, and you were far happier.

Discussing divorce during back-to-school season

When it comes to talking with children about divorce, parents may encounter challenges regardless of the time of year. Often, it can be difficult to try explaining what is happening to children who may disapprove of their parents’ decision. Having said that, there are times when this situation can be more difficult, such as back-to-school season. At Fried and Fried, we understand how important it is for parents who have decided to terminate their marriage to do what they can to minimize the emotional impact divorce has on their children.

When speaking to your child about your divorce, you should try to see the issue from their point of view. If you are understanding and answer their questions appropriately, you may be able to make this experience easier for them. Also, you should try to be mindful of some of the hurdles they may be dealing with, such as trying to adjust to their new schedule or running into other types of problems at school.

What is the incomes shares model for child support?

Child support is ordered when a child's parents do not live together in Illinois. In divorce cases, it is automatically handled as part of the overall legal process. Typically, if you are the parent who has physical custody of the children and with whom they live, you get the support payments. The other parent makes the payments, often having them automatically deducted from his or her paycheck.

According to Illinois.gov, the new format for decided child support is called the income shares model. The main distinction of this model is it uses your income and your children's other parent's income to determine how much support is awarded. Calculations to determine the amount of support you will be paid are made from the gross income you and your children's other parent receive each month. Parenting time and other financial obligations are also considered.

Protecting children from domestic violence

On this blog, different angles concerning domestic violence have been discussed. For example, someone may find themselves falsely accused of this offense and have their lives thrown into chaos. However, some people in Lee County are subjected to domestic violence and it is pivotal for parents to protect their kids from exposure to abuse. At Fried and Fried, we are aware of the different hurdles that parents who are going through this may face.

Sometimes, parents are afraid to have their partner held accountable for domestic violence. Whether they worry about the consequences their partner will face or are worried about retaliation, there are different reasons why people choose to stay silent. However, when a child is being abused or exposed to domestic violence, parents have a responsibility to take action. Each situation is unique, but parents should do what they have to ensure that their kids are safe. Sometimes, this may involve obtaining a restraining order to prevent an abusive individual from having access to a child.

What is paternity fraud, and what does it mean for a father?

Paternity fraud is a very serious problem that may only turn up years after a child is born. Imagine being a father who suddenly comes across information that may mean his child isn't his at all. It's a horrifying feeling for a parent, and it's compounded by the fact that the man's partner may have known that the child wasn't his in the first place.

Paternity fraud, better known as paternal discrepancy, is a term used to describe the disconnect between what a man believes to be true and the genetic truth of the situation. Interestingly enough, research has shown that these discrepancies are more common than you may think.

Job loss and child support payments

If you have recently lost your job, you may be having a hard time piecing your life back together in various ways. However, if you owe child support as a non-custodial parent, the termination of your position can be especially troubling. At Fried and Fried, we are aware of how challenging daily life can be for non-custodial parents who are dealing with these issues in Florida.

Sometimes, job loss is completely unexpected, giving workers little or no time to prepare. Even when an employee is given ample notice, they may have difficulty financially recovering after losing a source of income. Unfortunately, some people who have found themselves out of work have stopped paying child support, which can magnify their problems even further. From the interception of their tax refund to passport denial and even arrest, child support that is not paid can spell disaster.

Holiday celebrations and high asset divorce

There are many different stressors that can arise when a couple decides to terminate their marriage, especially for those with a high net worth who have children. From the way in which a court splits up marital property to custody battles and concerns about tax implications, various hurdles can arise during the process. At Fried and Friend, our Florida firm also understands that there are certain times of year when divorce can be even more upsetting, such as the Fourth of July, in addition to many other holidays.

During Independence Day, those going through a divorce may have even more to take into consideration. For example, couples with children may have to explain how things have or will change, which can be harder for kids to accept during the holidays. Another issue you may encounter while trying to work through divorce during holidays could involve your family or your spouse’s family. At a family function, you may have to answer questions concerning the lack of your spouse’s presence or explain your divorce to relatives.

Can I divorce my mentally incapacitated spouse?

From infidelity to domestic violence, high asset couples decide that it is time to end their marriage for a wide variety of reasons. In Lee County, Florida, some people may come to the conclusion that divorce is necessary because their spouse has become mentally incapacitated. If you have found yourself going through this, you may be facing various challenges, but you should review how state law deals with this topic.

According to the Florida Legislature, courts do grant divorces when one party has become mentally incapacitated. Having said that, there are a number of conditions which need to be satisfied for a divorce to be granted on these grounds. For example, the person deemed incapacitated must have been in this condition for three or more years. Moreover, the incapacitation must satisfy certain requirements and, in the event of a divorce, the person’s guardian or nearest relatives will be given a notice. In some cases, the court may order those who divorce a mentally incapacitated spouse to pay alimony.

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