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Shalimar Legal Blog

What are field sobriety tests?

A field sobriety test is an assessment that a law enforcement officer may impose upon a driver who they suspect is driving under the influence of alcohol. Rather than testing the driver's hair, blood, or breath, a field sobriety test evaluates the driver's balance, coordination, or other physical control mechanisms to determine if they are inebriated. A Florida driver who fails to pass the field sobriety tests may find themselves under arrest for DUI.

Although different assessments may be used by various law enforcement offices, three of the most common field sobriety tests are the one-leg stand, the walk-and-turn test, and the horizontal gaze nystagmus. The one-leg stand is an assessment of a driver's ability to balance on one foot as they lift the other off the ground.

Legal support for a multifaceted divorce

A divorce ends a marriage. It breaks the legal bonds that were created when two people chose to unite into a legal couple and live their lives as spouses. In Florida, couples choose to divorce every day and begin the painstaking process of unwinding their lives from those of their exes.

While a divorce has a start and a finish, it is made up of many negotiations, deliberations, and considerations. For example, when a divorcing couple has kids, the parties must work out how they will continue to parent their children, where the kids will live, and how they will work to financially support them. All couples must address matters related to the division of their property, the establishment of alimony, if needed, and the settlement of their debts.

What is spousal support?

Readers of this Florida family law legal blog may know that a divorce will end a marriage. It breaks the legal bonds that marriage created between two people and returns them to the single status that they possessed prior to securing their union. A person can remarry after they get a divorce and form a new marital bond, or they may choose to stay single indefinitely.

Breaking apart two people who have been united in marriage can be tricky, especially when their relationship is complicated by shared children, shared property, and other shared assets. As they settle their negotiations and move into their divorce, a party may request spousal support from the other. Spousal support survives a divorce and involves the payment of money from one party to the other for a set amount of time.

The importance of a drunk driving defense

Although a drunk driving charge may seem minor at first, DUI charges can have a serious impact on an accused individual's personal and professional lives. It can create a criminal record that will follow the accused individual as well as result in serious penalties and consequences. This is especially true considering that potential penalties have been increasing in Florida.

It is important to note that there are different ways that accused individuals may find themselves facing drunk driving charges in Florida. Drunk driving charges may be based on the accused individual having a blood alcohol content level that tests above .08, but charges might also be based on the results of field sobriety tests or the observations and alleged facts asserted by authorities such as that the driver was driving erratically.

Common questions about relocation after divorce

After you get a divorce, you may want to move away. But it is not as simple as packing your bags and taking your child with you. There are specific laws regarding relocation in Florida that you must follow.

In relocation cases, judges consider both the right of the custodial parent to move for a legitimate reason and the right of the non-relocating parent to maintain consistent contact with the child. Here are some important facts to know if you wish to relocate with your child after the divorce.

Defining and understanding domestic violence

Domestic violence can be a complicated legal matter than can involve both the criminal law and family law systems. It can lead to serious penalties and consequences that can increase if there is a protective order that the accused individual us also accused of violating which may result in additional charges, penalties and consequences.

A criminal defense is needed in response to any criminal charges. A criminal defense can help the accused individual effectively address the concerns they are facing. It is important to note that legal resources are available to all parties impacted by domestic violence and domestic assault situations. It is helpful for individuals who have been accused of domestic violence to also be familiar with what is considered domestic violence and the different behaviors that could potentially result in domestic violence charges.

The process to obtain child support in Florida

Children have a right to be supported by their parents and it is important that divorcing parents or unmarried parents understand their child support rights and responsibilities. The family law process in Florida can help parents sort through child support concerns and help them resolve these important issues for the benefit of the child.

The process of obtaining child support can vary by state so it is important for parents to be familiar with the process in their state when they need child support. Children need support for everyday expenses such as food, clothing and shelter but also for childcare and other expenses as well. In Florida, child support can be ordered during the divorce process or through a petition made to the family law court by one of the parents which is most common in cases of unmarried parents.

What are drunk driving charges based on?

Knowing what drunk driving charges are based on can help accused individuals better defend against the charges they must deal with. Drunk driving defenses are particularly important because of the serious potential consequences and penalties facing individuals who have been accused of driving under the influence.

Drunk driving charges can carry stiff penalties including time in jail away from the accused individual's family, steep fines, the requirement to attend drug or alcohol education classes and a criminal record, in addition to other potential penalties and consequences. Knowing how authorities bring drunk driving charges and what they base DUI charges on is important for accused individuals to be familiar with so they can defend themselves against the charges they are facing.

Getting an estate plan going and set up is a must

This blog recently addressed the importance of updating an estate plan but, of course, of at least equal importance, is setting up an estate plan. One of the most basic and foundational components of an estate plan is a will and drafting a will is important but there are also a host of other concerns for the estate planner to address.

The estate planning process can serve as a guide for estate planners and their families to ensure all of their important concerns are taken care of. It can help with everything from drafting a will to the probate process. Knowing how to both expedite and minimize the costs of that process is helpful. The estate planning process can help draft and execute a will that is valid; with a power of attorney; and with selecting a personal representative or addressing guardianship concerns.

Knowing when to update an estate plan is important

Updating an estate plan is equally important to developing a well thought out and effective estate plan. Just as estate planning should take into account different aspects of the estate planner's life, it is also important to take into account any changes in the estate planner's life when updating an estate plan.

It is typically time to update an estate plan when any significant change happens in the estate planner's life. This can include a variety of personal or professional circumstances. A general rule of thumb is that it is a good idea to update an estate plan every 3 years to ensure it takes into account any changes in the estate planner's life that have taken place during that time and that it still reflects the estate planner's wishes.

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