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Often, these spouses wonder how the abuse may affect their cases. Although each situation is unique, the following aspects of the settlement are ones that domestic violence can frequently influence. Child custody and visitation arrangements are often a top concern for parents who are leaving abusive marriages.
In Florida, judges award legal child custody with the primary goal of supporting the best interests of the child. Although there is a legal presumption that shared parental responsibility is ideal, judges will not order this arrangement if there is evidence that it could adversely affect the child.
Such evidence could include:. A judge may award sole parental responsibility on these grounds. However, parents who have been convicted or accused of domestic violence may still be awarded visitation time. In these cases, judges are required to consider the safety of both the child and the abused parent and establish visitation arrangements accordingly. Florida judges award spousal support to address financial discrepancies after divorce.
When determining spousal support awards, a judge can weigh any factor that is relevant to reaching an arrangement that will be equitable. Although judges typically don't consider so-called fault grounds, including abuse, domestic violence may have various indirect impacts on this part of the settlement. The variables that judges evaluate when awarding alimony include each spouse's physical and emotional health, income, earning power, education and employability.
If domestic violence or abuse adversely affected any of these things, it could also influence any eventual alimony awards. However, a judge must first assess whether one spouse legitimately needs alimony and whether the other can pay it. In this situation, section If you have any reservations as to what happens with your assets upon your death, it is wise to have a new one created.
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If a person were to pass away while a divorce is pending, the estate plan in effect at the time will still be effective. There may be an issue with the elective share , however your soon to be divorced spouse may may be entitled to less under the elective share, depending on your estate plan.
If you are involved in a divorce, contact us today to schedule a free consultation to review your options for changing your estate plan. At the consultation, we will review your current estate plan and provide recommended changes that may be beneficial for your situation.
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At the very least, you may be entitled to some reassurance that your estate plan is going to be changed that your divorced spouse will not be entitled to any of your assets after you pass away. Phone Number.
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What happens to your existing last will and testament after a divorce? What about my revocable trust after a divorce? I agree wholeheartedly with Debra. Once the decision is made, though, there can be some real emotional strength to be gained from taking the first tangible steps toward your new life as a single woman.
You may find that making the initial legal filing provides the psychological leg-up you sorely need, and that feeling more in control of the process will help you see the divorce through to your best advantage.
Most importantly, however, you need to build a strong, qualified divorce team to guide you through the divorce proceedings and help you secure a solid financial future as an independent woman. If you require legal advice, retain a lawyer licensed in your jurisdiction. The opinions expressed are solely those of the author, who is not an attorney.
Jeffrey A. I write for women going through financially complex divorces. Here are a few of the most important factors you need to consider: Financial Advantages of Filing First You can have your divorce team lined up in advance. Jeff Landers. Read More.
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