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Fort Myers Divorce Law Blog

Protecting your assets the simple way: Postnuptial agreements

A postnuptial agreement is similar to a prenuptial agreement except for that it's created after you're married. A postnuptial agreement is beneficial for a number of reasons. First, you can create it if you have a feeling things might not work out in the future. Second, you can protect your assets even after you've gotten married. Third, you don't have to have a prenuptial agreement, which could take some pressure off on your wedding day.

A postnuptial agreement gives you and your spouse a chance to talk about finances and what you'd do if you did ever split up. Since you're already married and in a confident place at that time, it's a good time to talk about the hypothetical future. If you set up a separation agreement in the postnuptial agreement now, you'll know exactly what should happen upon divorce, if it ever becomes a problem.

Domestic violence charges and the internet

We have been over so many domestic violence matters on this blog, but there are additional areas of concern to address. You probably know how serious domestic violence charges are, especially if you are a victim of this offense or you have been accused of intimate partner violence or abusing your kids. For people on all sides of these situations, including victims, parents, and the person filing charges, stress and uncertainty is not uncommon. In the digital age, it is also important to look over some of the ways that domestic violence charges affect people online.

When it comes to the internet, there are many factors to consider. For one, someone accused of domestic violence may have his or her identity smeared on social media websites and other online platforms. Not only can this be very stressful for those accused, but it can damage their reputation in such a way that it interferes with their career or affects them in other ways. For example, it might prevent one of their former friends or business partners from reaching out. Additionally, certain types of information may be posted online for the public to see, such as the issuance of a restraining order. Furthermore, some victims may need to protect themselves if an abuser is threatening them over the internet.

Reviewing postnuptial agreement parameters

Leading up to your marriage in Lee County, you probably heard from a number of people that you and your fiancee should consider signing a prenuptial agreement. Many of those that we here at Fried and Fried, P.A.  have worked with were given the same advice, but did not see a need to heed it. They have since come to us asking the same question that you may now have: "Can I sign such an agreement after I am married?" 

The answer that question is yes, but some might wonder if you did not see the need for a prenup, why consider a postnuptial agreement now? Several questions may come up after you marry, such as what specific financial responsibilities will you have in your marriage. If you (or your spouse) have children from a previous relationship, you may also want to stipulate how assets are to be dispersed to them should one of you die. All of these issues can be addressed in your postnuptial agreement. 

Alleged domestic violence results in 2 fatalities

While all Florida families experience the occasional turmoil that is unavoidable in familial relationships, it is not uncommon for disturbances to become violent and even tragic. Recognizing the signs of domestic violence and understanding how to avoid becoming a victim, are critical things to know if people are to better protect themselves and the ones they love. Unfortunately, in many cases, the warning signs are not known or recognized until it is too late and human life is put in jeopardy. 

This was the case in a recent incident in Topeka, Kansas. Initially, authorities received reports of a domestic disturbance, but the situation quickly escalated when responding officers could see someone inside of the home holding a gun. In the following moments, shots were fired and backup was called after reports of an officer in distress. Once backup arrived, authorities were staged around the home and had blocked off nearly nine blocks to safely pursue the gunman. Following a 90-minute standoff, authorities approached the front of the home where two bodies were discovered later on. Neighbors were surprised by the turn of events and reported that the people who occupied the home were polite and friendly. Authorities are continuing to investigate the incident and are looking for motives for the killings. A search warrant was granted as efforts to collect evidence were underway. 

Setting up a payment plan for back child support

There are many fathers' rights topics we have addressed on this blog, but unpaid child support can be particularly problematic. Not only can falling behind on these obligations cause financial challenges, but many other consequences may upend your life, from damage to your reputation to time behind bars. For some people in Florida, setting up a payment plan is an excellent way to address unpaid child support.

When setting up a payment plan, it is vital to go over the details surrounding your case and review the laws where you live. Some people may be able to make payment arrangements by contacting a caseworker, while others could be able to set up payment arrangements by reaching out to a legal professional. In some situations, getting in touch with the child's other parent can be helpful, since open communication can potentially solve problems and prevent additional hurdles. However, not everyone is on speaking terms when it comes to these cases.

How do unwed biological dads legally establish parentage?

Are you certain that an ex-lover is pregnant with your child? In most cases, the mother of your child will agree to establish you as the father. That's because the mother of your child will benefit from the ability to receive child support payments from you, and she may see the advantages of her child having a bond with his or her father.

That said, even if she is denying that you're the father, legal avenues will be available to establish you as the legal father and to secure your parental rights -- even if you were unmarried at the time of conception or birth.

High asset divorce and identity theft

On this blog, we have gone over many facets of high asset divorce, from public attention that people in this position may garner to the way in which marital property is handled. However, there are far more topics that can be especially concerning for some people who are working through divorce as a high net worth individual, such as identity theft. If you suspect that your former spouse has stolen your identity, you may be confused and upset. However, it is vital to go over your legal options and defend your rights. Unfortunately, preventing identity theft carried out by someone you are breaking up with or used to be married to can be challenging.

Whether your ex has access to a financial account or is able to open a credit card using your identity, the financial consequences of identity theft can be very serious. People may steal their former marital partner's identity for different reasons. On the one hand, they may feel as if they need to get even or harm the person they used to be married to. In other circumstances, someone may steal their former spouse's identity because they are experiencing financial problems after the marriage ended. To make matters worse, this problem can be particularly hard to prevent. After all, a former spouse often has access to key details, such as someone's birthdate, social security number, and other types of sensitive information.

Providing support to someone in a dangerous relationship

For Floridians who suspect their loved one is involved in a dangerous relationship, each day is met with fear and anxiety about the well-being of the suspected victim. Often, these concerned family members wonder how they can help and protect their loved one without endangering anyone else or escalating the situation. 

According to healthfinder.gov, folks who are worried about the safety of a loved one who is involved in a seemingly unhealthy relationship, can take several precautions to encourage their loved one to get help in ways that are discreet. Some of the things they can do include the following:

  • Talk with their family member in a controlled environment that is private and away from the alleged abuser.
  • Collect information about local resources and hotlines to share with their loved one.
  • Stay patient and allow their loved one time to make independent decisions.
  • Remain alert for signs that their loved one is being mistreated and hurt.
  • Help their loved one create a safety plan to escape dangerous situations. 

Developing an effective parenting plan for you and your children

If you and your spouse are in the process of divorcing in Florida, you may have already begun considering how you will arrange co-parenting for the best interest of your children. An effective way to clarify these types of arrangements is for you and your ex to have a parenting plan that clearly defines boundaries. At Fried and Fried, P.A. we are familar with the unique challenges of co-parenting following a divorce. 

According to the Huffington Post, you can develop an effective parenting plan by remembering several important things. These include the following:

  • Consider logistics: While certain days or times of the week may work better for your schedule, remember that if you and your ex live farther away, mid-week arrangements may be difficult. Especially if you have children who are in school or involved in extracurricular activities.
  • Schedule vacations: You and your spouse both deserve time to take your children on vacation. Even if you do not have plans to travel anywhere, vacation times should be allotted from the start.
  • Prioritize children: Even though you may be tempted to arrange your schedule based off of your own needs, always make sure you put your children and their needs first. 
  • Remain flexible: There will undoubtedly be times where the parenting plan you have drafted has to be modified for changes in circumstances or unforeseen events. During these times, be flexible and understand that sacrifice will be necessary along the way.

Divorce and allegations of domestic violence

Most married couples realize that divorce can be difficult for a plethora of reasons. Sometimes, emotions run high over the way that marital property is split between a couple, while others may be worried or upset about custody decisions, visitation rights, child support, and many other issues. However, we know that victims of domestic violence and those who have been accused of this offense may have an even harder time as they end their marriage.

If you are a domestic violence victim, you could be afraid or unsure of your rights. However, it is essential to ensure that the abuse is brought to an end and that you and your children are protected. Moreover, certain options may not be possible as a result of intimate partner violence, such as the collaborative process. On the other hand, you may have been accused of abusing someone in your family. Even if these accusations are not true, they could be very detrimental and you should carefully assess your divorce.

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