Akin Law P.A. Akin Law P.A.2024-03-22T18:30:06Zhttps://www.akin-law.com/feed/atom/WordPress/wp-content/uploads/sites/1604522/2021/08/cropped-favicon-akin-1-32x32.pngOn Behalf of Akin Law P.A.https://www.akin-law.com/?p=471942024-03-22T18:30:06Z2024-03-22T18:30:06ZCustody
When it comes to dividing pets in a divorce, there are several factors to consider. The first step is to determine who will have primary custody of the pets. This decision may depend on factors such as who primarily cares for the pets, who has the resources to provide for them and who has the strongest bond with the animals. In some cases, couples may choose to share custody of their pets, similar to a child custody arrangement. This can involve creating a visitation schedule for the pets, dividing responsibilities for their care, and ensuring they receive adequate attention and affection from both parties.
If sharing custody is not feasible, couples may need to negotiate a fair division of the pets. This could involve one party keeping certain pets while the other party takes ownership of others. It is important to consider the well-being and happiness of the pets when making these decisions, as they may experience stress or anxiety during the transition.
Disagreements
In cases where couples cannot agree on the division of pets, mediation or heading to court may be necessary to reach a resolution. It is important to approach these discussions with a focus on what is best for the pets and to prioritize their welfare above personal preferences or conflicts. According to the Florida Courts, the state treats pets as personal property during divorce. Ultimately, the division of pets in a divorce requires sensitivity, communication and a willingness to cooperate for the well-being of the animals involved.
By approaching this aspect of divorce with empathy and understanding, couples can ensure that their pets receive the care and attention they need to thrive in their new living arrangements. Couples should try to minimize stress and ensure that their furry family members continue to receive the love and attention they deserve.]]>On Behalf of Akin Law P.A.https://www.akin-law.com/?p=471922024-03-07T15:03:11Z2024-03-08T15:02:55ZStress, sadness and self-esteem
Increased stress and anxiety are among the most common mental health challenges during divorce. The uncertainty of the future, changes in living arrangements and the emotional toll of ending a relationship can all contribute to heightened stress levels. It is important to practice self-care during this time, such as maintaining a routine, getting enough rest and seeking support from friends or family.
Feelings of sadness and grief are also common. It is natural to mourn the loss of a relationship and the dreams that may not have come to fruition. Allowing yourself to grieve and express your emotions is a healthy way to process these feelings. Moreover, divorce can sometimes trigger feelings of low self-esteem and self-doubt. It is important to remind yourself of your worth and strengths during this challenging time. Practicing self-compassion and positive self-talk can help boost your self-esteem and confidence as you navigate the divorce process.
Loneliness and conflict management
Loneliness is another common mental health issue that individuals may experience during divorce. The loss of a partner and changes in social dynamics can lead to feelings of isolation. Additionally, managing conflict and communication with your ex-spouse can also impact your mental health. Setting boundaries and practicing effective communication skills can help reduce conflict and maintain a sense of emotional well-being throughout the divorce process.
The Centers for Disease Control and Prevention says that 3.4 out of every 1,000 people in Florida got a divorce during 2021. This highlights the prevalence of divorce in this state. Remember that it is okay to seek help and that you are not alone in facing these emotional challenges.]]>On Behalf of Akin Law P.A.https://www.akin-law.com/?p=471862024-02-22T19:52:18Z2024-02-23T19:52:10ZContested divorce
According to Florida Courts, a contested divorce occurs when the spouses are unable to reach an agreement on one or more important issues related to the divorce. These issues can include child custody, property division and spousal support. The process of a contested divorce can be lengthy and often involves multiple court appearances. Both parties present their arguments and evidence to a judge, who then makes decisions on the unresolved issues.
This type of divorce can be more adversarial and may result in higher fees and increased emotional stress for all involved.
Uncontested divorce
On the other hand, an uncontested divorce occurs when both spouses are able to agree on all the important issues without the need for court intervention. This type of divorce is generally faster, less expensive and less stressful than a contested divorce. It allows the couple to maintain control over their own decisions and work together to create a mutually beneficial outcome. The key advantage of an uncontested divorce is that it allows the couple to maintain an amicable relationship, especially if they have children together.
Determining whether a contested or uncontested divorce is right for you depends on your unique circumstances. If you and your spouse are unable to communicate effectively or have significant disagreements about important issues, a contested divorce may be necessary. Understanding the differences between these two types of divorce can help you make an informed decision that best suits your needs.]]>On Behalf of Akin Law P.A.https://www.akin-law.com/?p=471852024-02-11T16:16:47Z2024-02-11T16:16:47ZThere are two types of probate proceedings
The first step in the probate process is opening or initiating probate proceedings. Often, the personal representative or executor chosen by the decedent takes the step. However, family members with an interest in the estate or creditors can also ask the courts to initiate probate proceedings. Florida offers standard probate oversight and summary probate proceedings. Summary administration is generally only available to estates worth less than $75,000 and which do not contain any real property.
Communication is part of the probate process
The probate courts in Florida are not the only party that must know that someone has died and that their estate requires administration. Numerous other parties require official notice as well. The personal representative of the estate typically needs to send written notice of someone's passing and upcoming probate proceedings to known creditors. The personal representative typically publishes notice about probate proceedings in a local newspaper.
They also need to file a final tax return with the IRS to fulfill any outstanding income tax obligations and notify the agency of someone's passing. Additionally, they typically need to communicate with each of the beneficiaries included in the estate planning documents.
Obligations come before inheritances
Creditors and others with an interest in the estate have an opportunity to make a claim in probate court. The personal representative typically needs to pay debts and taxes, as well as probate costs, before they distribute estate resources to someone's beneficiaries.
In some cases, the obligations of the decedent may be so significant that there are no assets left for their beneficiaries. Personal representatives typically need to keep careful track of how they fulfill someone's obligations, as they could have personal liability if they make mistakes during that process. Only after resolving financial obligations does the personal representative distribute the remaining assets in the estate. They then inform the courts of the completion of the probate process, which may have required a year or more if there were disputes.
Oftentimes, the person administering an estate requires support during probate proceedings. Having guidance and advice can make it easier to navigate the probate courts in Florida efficiently and effectively.]]>On Behalf of Akin Law P.A.https://www.akin-law.com/?p=471842024-02-05T20:27:31Z2024-02-09T20:26:35ZLegal custody versus physical custody
Legal custody refers to the right to make decisions about the child's upbringing. For example, education, healthcare and religious matters. Physical custody, on the other hand, determines where the child will live. Both types can become awarded solely to one parent or jointly to both parents. Courts consider various factors when determining child custody. They look at the child's best interests, the parents' ability to provide a stable environment and the child's relationship with each parent.
Joint custody allows both parents to share decision-making responsibilities and time with the child. Sole custody grants one parent the primary decision-making authority and physical custody. This arrangement may be appropriate if the court finds one parent unfit or if circumstances warrant limited contact. According to the Florida Legislature, courts may find that a child's parent is unfit due to abuse, abandonment and neglect.
Parenting plans and visitation
Creating a comprehensive parenting plan and visitation schedule is very important for successful co-parenting. It outlines custody arrangements, visitation schedules, communication guidelines and other details. This helps ensure a smooth transition and consistent care for the child.
Navigating child custody during a divorce requires a clear understanding of custody matters. By focusing on the child's best interests, parents can create a supportive environment that prioritizes the well-being of their children.]]>On Behalf of Akin Law P.A.https://www.akin-law.com/?p=471832024-02-05T15:51:26Z2024-02-05T15:51:26ZOpen communication and stability
Children need a safe space to express their emotions and concerns. Encourage open and honest communication by creating an environment where they feel comfortable sharing their feelings. Assure them that their emotions are valid and that you are there to listen and support them. When discussing the divorce, tailor your explanations to the child's age and level of understanding. Use simple and clear language to explain why the divorce is happening, emphasizing that it is not their fault.
Maintaining familiar routines and providing stability can also help children feel secure during this time of upheaval. Consistency in daily activities, such as mealtimes, bedtime routines and extracurricular activities, can provide stability amid the changes. Children may experience a range of emotions, including sadness, anger, confusion and fear. Validate their feelings by acknowledging and empathizing with what they are going through.
Coping mechanisms and co-parenting
Teach children healthy ways to cope with their negative emotions. Encourage activities such as drawing, writing, playing a musical instrument or engaging in sports. Spending quality time together and engaging in activities they enjoy can help distract from negative thoughts and foster a sense of normalcy.
According to research published by the National Library of Medicine, the biggest hurdle with respect to a child handling family changes is conflicting relationships between their parents. As a result, maintaining a cooperative and respectful co-parenting relationship can greatly benefit children. Consistent rules and routines across both households can provide a sense of stability and reduce confusion.
Divorce can be a difficult experience for children, filled with negative emotions and uncertainties. By providing a supportive and understanding environment, parents and caregivers can help children work through these emotions more effectively.
Remember, each child may cope differently, so be patient and adaptable in your approach. With time, love and support, children can successfully navigate the challenges of divorce and emerge stronger and more resilient.]]>On Behalf of Akin Law P.A.https://www.akin-law.com/?p=471822024-01-26T15:24:35Z2024-01-26T15:24:35ZImmediate steps to take
To build a strong case, you’ll need evidence suggesting coercion occurred during the will’s creation and/or its signing. This may include witness testimonies, emails, text messages or any other relevant documentation that could support your claims. Thorough documentation can be key to presenting a compelling case in court.
Challenging the will in court
One of the best ways to resolve claims of undue influence is to challenge the will in court. You will need to present a comprehensive case, highlighting the evidence of coercion and any other factors that may invalidate the document. This stage is crucial in seeking justice for your loved one's true intentions.
During the court proceedings, witness testimonies may play a pivotal role. Those who were present during the will’s creation and/or its signing and can attest to the undue influence exerted on the deceased should be prepared to testify. Their accounts may be able to significantly strengthen your case.
Discovering that your loved one may have been coerced into signing their will is undoubtedly a distressing revelation. Taking prompt and decisive action, seeking legal help and presenting a strong case in court can be essential steps to help ensure that justice is served.]]>On Behalf of Akin Law P.A.https://www.akin-law.com/?p=471812024-01-13T19:19:44Z2024-01-13T19:19:44ZUnequal division of assets
One of the significant risks of default divorce is the possibility of an unequal division of assets. When one party fails to participate, the court may make decisions based solely on the information provided by the responding party. This can lead to an unfair distribution of marital property.
According to Florida Courts, people can pursue a default divorce if their spouse does not file an answer to a divorce petition after 20 days.
Unfavorable child custody arrangements
In default divorce cases involving children, the court may award custody to the responding party by default. This can result in an arrangement that may not be in the best interest of the children. The absent spouse may lose the opportunity to present their case for custody, potentially leading to an unsatisfactory outcome. Defaulting on a divorce means relinquishing the ability to influence decisions made by the court. This lack of input can result in outcomes that do not align with their wishes or needs.
While default divorce may seem like an appealing option when facing a difficult separation, it is vital to understand the potential risks involved. An unequal division of assets, unfavorable child custody arrangements, inadequate support orders, limited decision-making input and difficulties modifying decisions are all potential consequences of defaulting on a divorce. People must safeguard their rights and interests throughout the divorce process.]]>On Behalf of Akin Law P.A.https://www.akin-law.com/?p=471802024-01-13T16:34:23Z2024-01-13T16:34:23ZWhen was the last time you made your estate plan? If it’s been three to five years, then your estate plan may be outdated. You may need to revise your estate plan to include new assets and investments. This may also mean you need to name new beneficiaries.
However, you don’t need to wait until you’ve gained new assets to revise your estate plan. You may need to revise for the following reasons:
1. Removing a spouse after a divorce
Many people change their estate plans after divorce to remove their spouse. A spouse may be included in a will as a primary beneficiary. Removing them may benefit any other beneficiaries. You may also need to consider removing your spouse from your estate plan if you named your spouse as a power of attorney. However, your spouse may no longer have your best interests in mind and allowing them to control your financial and medical decisions may harm you.
2. Adding a child guardian for a newborn child
If you’re a new parent, you may be thinking a lot about your child’s future. While you may not like the idea of it, you may not always be in your child’s life. If you suddenly pass away, you may need a child guardian to help raise your children.
3. Changing your executor
The role of the executor is large. They may be responsible for resolving your estate, which can include locating assets and executors, collecting death certificates and paying taxes and debts. That’s a lot for one person and your executor may no longer be in a position to take on the role. It may help to talk with your executor and see if you need to make changes to your estate plan.There are a lot of reasons you may need to revise your estate plan. You may need to reach out for legal guidance as you discuss your options.]]>On Behalf of Akin Law P.A.https://www.akin-law.com/?p=471762023-12-30T18:36:29Z2024-01-01T18:36:13ZFollowing the court order
If a court gives a specific time-sharing schedule, parents have to stick to it. Ignoring the schedule consistently can lead to legal consequences. The Florida Legislature states that in addition to fines and makeup time, parents responsible for time-sharing violations could face contempt of court charges.
Unless serious concerns exist for the child's safety, both parents should have equal access to the child during their designated time. Denying the other parent their court-ordered visitation rights is a violation. Parents should allow the child to communicate with the other parent during their scheduled time. Preventing messages, phone calls or access to technology can count as a violation.
Relocating and other concerns
If a parent plans to move with the child, they must follow the legal requirements for notification. They must notify the other parent in writing, giving them an opportunity to object or request changes to the time-sharing agreement. Failing to provide proper notice is a violation and can have legal consequences.
Children thrive on stability and consistency. Intentionally disrupting their routine or frequently changing plans without valid reasons can be a violation. Both parents should work together to create a stable and predictable environment for the child, respecting the agreed-upon time-sharing schedule. Speaking negatively about the other parent in front of the child can also be harmful. Florida courts discourage this behavior, as it can negatively impact the child's relationship with the other parent. Parents should remember that the goal is to prioritize the child's well-being and ensure that both parties play an active and positive role in their lives.]]>