PREPARING FOR DIVORCE

PREPARING FOR DIVORCE

There are certain things to protect yourself from unacceptable financial abuses from your spouse when filing for divorce. Protecting assets, not hiding them, is the name of the game. If you are contemplating divorce, you really should speak with a family law attorney before you do anything. If you do the wrong thing, it can come back to bite you!

Contact Mr. Werter either online or via phone at 561.826.9310 to schedule an initial consultation. We accept Visa and Mastercard for family law services.

SPOUSE’S INTEREST IN YOUR NONMARITAL PROPERTY/SPOUSAL INCOME

SPOUSE’S EQUITY INTEREST IN YOUR NONMARITAL PROPERTY AND SPOUSAL INCOME

If you own a house before the marriage and use your income to pay down the mortgage and or your house appreciates in value during the course of the marriage, your spouse may have an equity claim during a divorce proceedings. Income is considered a marital asset.
A PRENUPTIAL AGREEMENT CAN CURE THAT.

Contact Mr. Werter either online or via phone at 561.826.9310 to schedule an initial consultation. We accept Visa and Mastercard for family law services.

 

 

CHILDREN OF PARENTS UNDERGOING DIVORCE

CHILDREN OF PARENTS UNDERGOING DIVORCE

It’s the saddest part of my job. When divorcing parents are working together, that’s great! Unfortunately, I only see this 50% of the time. The Florida courts have mandatory courses for parents undergoing this. Sometimes, it works. Sometimes, it is to the benefit of the children for the parents to get divorced. They are not witness to unhappy relationships, exposed to the stress of the relationship and less likely to have the parents take their frustrations out on them. Post-divorce children are more adaptive then one would think. I just wish all parents would take the “best interests of the minor children” doctrine a lot more seriously.

Contact Mr. Werter either online or via phone at 561.826.9310 to schedule an initial consultation. We accept Visa and Mastercard for family law services.

FLORIDA PRENUPTIAL AGREEMENTS

FLORIDA PRENUPTIAL AGREEMENTS

More and more, I am becoming a fan of prenuptial agreements. It is a protection against spouses and fiancés with hidden agendas. If done properly, it can protect the innocent spouse from a wide range of issues in the event of divorce. The one thing it can’t cover, are issues concerning minor children. The Florida Courts have a particular interest as to the best interests of the minor children. And if you are participating in online dating services, DO A BACKGROUND CHECK!

See a reputable family law attorney for more information how this all may benefit you.

Contact Mr. Werter either online or via phone at 561.826.9310 to schedule an initial consultation. We accept Visa and Mastercard for family law services.

CHILD SUPPORT, VISITATION AND THE FLORIDA DEPARTMENT OF REVENUE

CHILD SUPPORT, VISITATION AND THE FLORIDA DEPARTMENT OF REVENUE

The State of Florida, Department of Revenue (Child Support Enforcement), gets involved in a child support case when one party fails to make child support payments and the other parent uses some government benefit for the minor child. A lot of times, this is in paternity cases besides post-divorce cases. What most people don’t know is that the Department of Revenue (DOR) will not deal with matters of custody or visitation in the case. You must pursue your interests in a different court action. If you are seeking a change of custody or timeshare (visitation), that should be resolved first. Then we can go to the DOR court action to work out the element of child support.

Contact Mr. Werter either online or via phone at 561.826.9310 to schedule an initial consultation. We accept Visa and Mastercard for family law services.

WHERE TO FILE YOUR DIVORCE IN FLORIDA

WHERE TO FILE YOUR DIVORCE IN FLORIDA

First, you and your spouse must being living in Florida for at least 6 months, with certain exceptions. If you live in Palm Beach County ( Palm Beach Gardens, Palm Beach, West Palm Beach, Lake Worth, Boynton Beach, Delray Beach, Boca Raton, etc.), your case will be in one of the 3 courthouses in Palm Beach County. If you live in Broward County ( Pompano Beach, Deerfield, Coral Springs, Parkland, Ft. Lauderdale, etc.), your case will be filed in Ft. Lauderdale. Some people try to file in a county for their own convenience or supposed home-court advantage. I have had them dismissed or transferred to the right county.

Contact Mr. Werter either online or via phone at 561.826.9310 to schedule an initial consultation. We accept Visa and Mastercard for family law services.

COMMON LAW/ GAY MARRIAGE IN FLORIDA

COMMON LAW/ GAY MARRIAGE IN FLORIDA

Common law marriage in Florida has been banned since 1968 with two exceptions. First, if you were already established in a common law marriage prior to 1968. Second, if you were a common law married couple from another state where it was accepted and you move to Florida. Normally, the “foreign” common law marriage has to meet acceptable standards of a “normal” relationship to be recognized here. In those events, you could file for a dissolution of marriage. If you don’t fit into those categories, there may be other legal actions under contract law or unjust enrichment. Regarding Gay/Lesbian marriages from other states. Right now, though Gay marriages are presently not allowed, the individual Florida courts are split on their opinions and cases have been forwarded to the Florida Supreme Court for review as to broadening the requirements of Gay marriages from other states being acceptable for divorce filings in Florida. “The times, they are a changing…”

Contact Mr. Werter either online or via phone at 561.826.9310 to schedule an initial consultation. We accept Visa and Mastercard for family law services.

TEMPORARY ALIMONY AND CHILD SUPPORT

TEMPORARY ALIMONY AND CHILD SUPPORT

What most people don’t know is that a spouse in need of immediate support and help when first starting a divorce action in Florida, can have their lawyer ask the judge for temporary alimony based on the spouse’s need and the other’s ability to pay. It does not matter how long the marriage was at the time of filing for divorce. The purpose is to maintain the status quo of the marriage.

Though the issue of child support is different from alimony, the ability to get immediate help from the court is the same. Judges are even more sensitive to the best interests of the minor child(ren).

If you live in the Jacksonville, St. Augustine, Palm Coast or Daytona Beach area, contact James S. Werter, LLC by clicking here or calling 904.827.0446.

FAMILY HELP WITH DRUG AND ALCOHOL ABUSE

FAMILY HELP WITH DRUG AND ALCOHOL ABUSE

Recently, I represented a family in Ponte Vedra Beach regarding getting their adult daughter help with drug addiction. This case has been featured on The Dr. Phil Show over the past 7 years. What most people don’t know is that even if the person at risk is an adult, a family can attempt to force them into treatment for drug abuse or alcohol abuse through the court system. The procedure is called the Marchman Act ( Florida Statute 397).

If the drug addict or alcoholic is an immediate risk to himself or herself, and it can be shown to the judge, the judge can order that person to be evaluated and even possibly, ordered to in-residence treatment. However, it is a high level of proof which is required. James S. Werter, Attorney at Law, has handled many of these types of cases as well as other family law issues, such as divorce and custody issues. If you live in the Jacksonville, Ponte Vedra Beach, Palm Coast or Palatka areas, contact him at 904.827.0446, for a consultation or online here.

NEW LAWS IN FLORIDA CHILD DIVORCE CUSTODY AND ALIMONY

NEW LAWS IN FLORIDA CHILD DIVORCE CUSTODY AND ALIMONY

Over the past couple of years, new laws governing child visitation (now called “time share”) and alimony, have been put in place. Basically, the law is written to try and better provide for both parents to be involved with their children after divorce.

New rules in alimony are an attempt to give judges better guidelines when it is at issue in a Florida divorce. There are 3 basic types of support applicable short term(under 7 years), intermiediate term (under 17 years) and long term (over 17 years) marriages. Short term alimony is for two years only and not modifiable. Long term marriages are where permanent alimony may be available.

There are numerous issues regarding alimony and child support. You want an attorney who is familiar with those issues.

Contact James S. Werter, LLC, in the Jacksonville, Ponte Vedra Beaches area, St. Augustine or Palm Coast; if you are considering or are undergoing a divorce. Connect with us online or via phone at 561.826.9310 to schedule an initial consultation. We accept Visa and Mastercard for family law services.