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Lakeland Family Law Blog

Choosing the right attorney for your high asset divorce

Once a Florida spouse decides to move forward with a divorce, the next step is to secure the services of a divorce attorney. Finding the right attorney is essential to a favorable outcome, especially when it comes to high asset divorce. In many ways, this is a professional relationship that will have just as great an impact on a spouse's life than many of his or her personal relationships. 

To begin, ensure that prospective attorneys have experience working with high asset divorce cases. While divorce law applies to everyone, regardless of wealth, there are many intricacies involved in a high asset divorce that require a specialized approach. Choosing a legal advisor who is familiar with these complexities can make for an easier process. 

Taking the proper advice is critical in military divorce

Once a couple announces that they are planning to divorce, well-meaning friends and family members often rush in to try and assist. It seems that everyone has experience with divorce, either firsthand or by witnessing the divorce of someone close to them. When it comes to moving through the steps in a military divorce, however, Florida spouses need to know which advice to take and which to set aside. 

The best place to begin is by finding and hiring a skilled divorce attorney who has experience in military divorce. Having a trusted advisor to turn to with questions and concerns is important. Friends and family are excellent sources of moral support, but they often lead people astray with advice that is outdated, ill-suited to the matter at hand or simply wrong. 

What does uncontested divorce mean?

The end of a marriage is complex and emotionally charged, even for two people committed to working through issues amicably. However, there are times when a couple has no issues left to resolve, and both parties are ready to move through the divorce process as quickly as possible. In this situation, an uncontested divorce is appropriate.

Florida couples know that not every divorce has to be complicated and contentious. In fact, it is possible to agree on most or all issues before even filing the paperwork. If this is possible for you, you could file for an uncontested divorce. While this is not an option in many cases, there are certain advantages to this particular option.

Child custody can be complicated for disabled parents

Most custody cases are battles waged between parents, each wanting a greater share of time with their children. In some cases, however, a child custody case is between a parent and the state. When disabled parents face a child custody challenge, they are often at a disadvantage in the eyes of the court, in Florida and elsewhere. 

An example is found in the case of an attorney who has faced her own custody battles in her state of residence. She lives with mitochondrial myopathy, which is a type of muscular dystrophy that confines her to a wheelchair and requires her to use a ventilator to breathe. Even so, she's adopted four children from the foster care system.

New tax bill eliminates alimony deductions

For many Florida residents, having the ability to deduct spousal support from their taxes takes a bit of the sting out of those payments. Unfortunately, the newly passed and signed Republican tax bill eliminates the alimony deduction. This could change the divorce negotiation landscape for couples across the nation. 

Currently, spouses who are tasked with making alimony payments are able to claim a dollar-for-dollar tax deduction for those payments. The party receiving alimony must claim the payments as taxable income. Once the new tax plan goes into effect, alimony will be treated the same as child support, meaning that there is no deduction and no need to claim the money as income. 

Will Georgina Chapman prevail in high asset divorce case?

As disturbing allegations against Hollywood producer Harvey Weinstein continue to pile up, the disgraced mogul is also facing a divorce. While a high asset divorce is probably not the worst of Weinstein's problems of late, it is something he'll have to address in the coming months. It's rumored that his wife of nearly 10 years, Georgina Chapman, is gathering a team of lawyers as she prepares to end the marriage. Florida residents may find it hard to avoid details of both Weinstein's alleged acts and the couple's divorce.

The couple have a prenup in place that allows Chapman $300,000 per year in spousal support. Should the marriage last 10 years or more, that number would go up to $400,000. In regard to marital assets, Chapman would receive an additional $250,000 per year for the first five years, then $700,000 for each additional year of marriage. 

Military divorce case centers on relinquishing parental rights

There have been numerous child custody cases in recent years that focus on same-sex couples and child custody matters. A current military divorce between same-sex spouses, however, is focused on a different type of parenting matter. A woman is asking her state's Supreme Court to dissolve her parental rights. The outcome could impact similar matters in Florida and across the nation. 

The woman claims that her wife gave birth to a child while the woman was deployed. That pregnancy was made possible by a sperm donor, which the woman claims was not something to which the couple had agreed. The woman was not present for the child's birth and claims to have not built a meaningful bond with the child. 

Divorce need not necessarily uproot your kids

Holding down a full-time job, parenting and navigating divorce proceedings all at once can be extremely stressful. There are ways to minimize your stress, however, especially when it comes to issues such as property division or future parenting plans. Such divorce topics often intersect; for instance, you and your former spouse will have to decide where your children will live once you are no longer married.

For some, such decisions will necessitate selling a house. Others may choose to take a closer look at a rising trend known as nesting. Ultimately, you know what is best for your children; however, reviewing experiences of other Florida parents who have gone through similar situations may help you determine your most viable options.

One state turns attention to an overlooked paternity issue

A great deal of media coverage in Florida and across the nation focuses on the failure of fathers to provide financial support for their children. There is another aspect of paternity, however, that is largely overlooked. A movement is growing in one West Coast state to shine a light on paternity fraud, an issue that affects many thousands of families.

According to statistics compiled by the American Association of Blood Banks, as many of 30 percent of men who undergo paternity testing discover that they are not the biological father of the child they believed was theirs. Unbelievably, many of those men are still held responsible for paternal duties even after DNA testing has clarified the matter. That seems unfair to many, and people are beginning to speak out about the matter.

Radicalization comes into child custody and visitation case

Parents in Florida and elsewhere can take an aggressive stance in the midst of a custody battle. In some cases, however, the claims that one parent make against the other receive national attention. An example is found in a current child custody matter in which a mother claims that her son's father is radicalizing the boy.

The mother is a naturalized American citizen who divorced her husband in 2013. They had two children together, and the mother claims that her ex-husband is teaching their son radical Islamic concepts during visitation time. She says her son is beginning to express extremist and radical anti-American viewpoints, which is a new development. She also shared of her experiences with her former husband and his desire to take on an additional wife -- an effort she fought against.

Law Office of Amanda Salcido
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Lakeland, FL 33803

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Attorney Amanda Salcido has served her country as a member of the U.S. Army JAG Corp for more than 10 years. Her military experience spans over twenty years. Ms. Salcido provides professional legal guidance for service members and non-service members alike.

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