Messer & Messer Law Offices

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January 2017 Archives

What is the family law process for establishing paternity?

Couples in Florida in traditional marriages may not know that their status affords their children certain protections that unmarried parents do not have. For example, when a child is born to a married couple, paternity is established without any further legal action. This means the husband of the biological mother is the legal father of the child and their name will be on the birth certificate. Health insurance, inheritances and other benefits can flow from this legal and biological bond. However, what happens when a child is born to an unmarried couple?

Untangling marital assets in divorce

When a couple gets married, the last thing they are thinking about is separating their property from one another -- in fact, the ambition to demonstrate a commitment to the marriage couples often end up comingling their assets and incomes. No one wants to think of what would happen if the couple divorces, because it is the last thing couples assume would happen. But if it does, then the question that arises is how does asset division take place in Florida?

Items to include in a parenting plan

Many divorcing couples in Florida may be under the assumption that if there is no dispute arising from the visitation schedule and parenting plan the parents are entering into, they do not need to file any papers in court. However, this is not true. Parties still need to complete and file a parenting plan form in all cases that involve time sharing of minor children, whether or not the parties are in dispute. If the plan is not filed, the court will create a parenting plan for the parents, even if they had been in agreement all along.

How can couples avoid a contentious high-asset divorce?

When it comes to marriage, most Florida residents get married to the person they assume is their soul-mate and they intend to spend the rest of their life with this person. In an ideal world, they would, but in the real world, people and circumstances change and marriages sometimes end. Those who dealt with their marriage as a business and viewed the relationship with a practical view that many wedding couples lack, may have entered into a prenuptial agreement outlining the division of assets in the event of a high asset divorce. Those who may not have done so, may find themselves in the middle of a nasty battle over who gets to keep what.

How to co-parent through the holidays and beyond

Sharing custody of children and co-parenting can be challenging, especially during a divorce. The holidays can be both a good and bad time and for those going through a divorce, recently divorced or who have been divorced for some time, parenting can be particularly challenging during the holidays. The challenges surrounding the holidays can lead to child custody disputes but child custody disputes, of course, are possible year round. There are some steps divorcing and divorced couples can take to help minimize conflict concerning parenting time during the holidays.

Get guidance to establish a child support agreement

Financial situations differ from family to family, but it is safe to say that a divorce and the period of adjustment right after a divorce affects a family not only emotionally but also financially. As a divorce is finalized and child custody agreements completed, not only do families have to deal with court or legal fees, but also adjust to the expenditures of running two households with perhaps one income. One parent may have taken a break from work to help raise the children and therefore workforce assimilation may not be instantaneous, further straining finances.

Do divorce filings peak after holidays?

Holiday season is often an emotional one for most people across the country, including Florida residents. Families get together to celebrate good tidings and cheer and even though the occasion is supposed to be a happy one, it often ends up bringing simmering emotions to a boil. Financial pressures, family obligations and travelling can cause added stress that might lead to the end of the marriage for couples already struggling to hold themselves together.

4 ways a brain injury can change your spouse's personality

For family members of those who are injured, one of the hardest things about a brain injury is that it can change the person's personality - sometimes forever. Maybe you've known your spouse since college, you've been married for a few years, and you feel like you know each other as deeply and completely as you've ever known anyone. If your spouse suffers a brain injury, he or she may feel like a completely different person.

3 tips for mothers coping with a child's spinal cord injury

Seeing your child in pain is something that no mother wants to experience. If your child suffers a spinal cord injury in a car accident or any other type of accident, you will likely see your child struggle greatly. When this happens, there are some ways that you can help yourself and your child adapt to a new way of life.