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Shalimar Legal Blog

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.

3 mistakes to avoid during child custody negotiations

Child custody is likely one of your core concerns during your Florida divorce. You probably want as much custody of your children as you can get. The negotiation process, which is often fraught with emotional arguments and legal complexities, can be hard to navigate. 

It is easy for parents to make mistakes while negotiating child custody. If you make errors, it may hurt your chances of having custody or visitation. That does not need to happen in your case. Take a look at some of the common custody mistakes below so you know what not to do. 

What penalties can I face for a drunk driving charge?

In general, there is a list of potential penalties individuals accused of drunk driving may face but they may also specifically wonder what those potential penalties and consequences they are facing are. Typically, accused individuals facing drunk driving charges are facing a fine, potential incarceration, driver's license suspension or revocation, probation and the requirement that they enroll in a drunk driving or alcoholism class.

In addition, drunk driving penalties can also include the requirement that the accused individual install an ignition interlock device on their vehicle which can also be a costly requirement. An ignition interlock device is a device installed on the accused individual's car that captures their breath and measures their blood alcohol content level and will not allow them to start the vehicle if their blood alcohol content measures above a certain level. Accused individuals may also be required to attend a drunk driving school or treatment program. The loss of a license is also a possibility.

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