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Orlando Divorce Law Blog

Divorcing seniors don't have to confront divorce with trepidation

Researchers with the Pew Research Center note that those 50 years of age or older are getting divorced at double the rate now than what they were in the 1990s. While many would argue that this increase in divorce rates among seniors has to do with the fact that these individuals are living longer than previous generations, this isn't the only explanation for this increase.

Many analysts suggest that the uptick in gray divorce may have something to do with their shift in perspective about divorce. While unhappy spouses may have simply stuck out a marriage that had run its course, they're not as willing to do that as they once were. Over 48 percent of Americans get remarried. When individuals remarry for a second time, their marriages aren't lasting as long as their first one did.

Is your spouse hiding Bitcoin assets during your divorce?

Does your estranged spouse have a fascination with cryptocurrencies like Bitcoin? You might want to make sure that all of that currency is accounted for. Hiding property during divorce is unlawful, but countless spouses do it anyway. Now they're turning to secret and anonymous cryptocurrencies for the purposes of hiding marital assets.

It's a fairly straightforward process to uncover hidden stocks, investment accounts, bank accounts, 401(k)s and other assets. A house or vehicle that was purchased in secret can also be uncovered. However, Bitcoin could be a different story. Anyone can hold billions of dollars in Bitcoin completely anonymously. They can die with the secret that they are "cryptocurrency wealthy." This doesn't make hiding assets in the form of Bitcoin legal. It just makes it harder to recoup and discover these assets.

Who is going to keep the house in my divorce?

If you and your soon-to-be ex-spouse own a home together, you're probably concerned about what will happen to your home in the asset division process. Unfortunately, there is no set answer to this question; it all depends on your unique circumstances.

For example, if you and your spouse are living with your children and raising them together, the primary caretaker of the children will have the right to stay in the home with the children -- provided that appropriate financial arrangements can be made. Those arrangements could involve one spouse paying the spouse who stays in the home child support that is sufficient to help pay for the continued maintenance of the residence.

Parenting provisions: How to address drugs, alcohol and tobacco

If you're like most parents, you probably don't want your children exposed to excessive drinking, marijuana use or drug use by adults and others who are around them. You might not even want your children exposed to excessive tobacco smoking. This is perfectly understandable and responsible. However, if your ex-spouse has a history of substance abuse, the problem of exposure to intoxicants and intoxicated people could be a very real concern.

You need to protect your children by making some formal agreements with your co-parent about your child's custody and care. That way, you can safeguard against your child being exposed to these kinds of vices by including some specific language in your child custody agreement.

Important considerations about the new alimony tax laws

Now that 2019 is here, new laws regarding alimony are taking effect. If you or someone you know has already been through a divorce in the past, you cannot rely on that experience to help you through one now. The alimony tax rules are different for the first time in over seven decades. Alimony payments are no longer deductible for the payer or taxable for the recipient.

It is important to consider these new laws as you divorce in 2019. Here are some pieces of advice you should keep in mind regarding spousal support

Defending against a child relocation request

Imagine you are the noncustodial parent and you only get to see your child for a couple of days, every other week. The time that passes in-between each visit is an agony. Now imagine that your ex-spouse wants to move away to another state, so you will virtually never get to see your son or daughter -- except for holidays and certain weeks during the summer each year. If your ex is trying to relocate with your child, you might be able to defend against the move.

What you might point out in your defense:

Did your relationship sour because of a lack of intimacy?

Marriages end in divorce for an infinite number of reasons and it's usually impossible to precisely put your finger on the exact cause of a particular divorce. That being said, marriages often follow a slow period of decline that progresses from unresolved conflicts to emotional disengagement to decreasing levels of affection to a complete cessation of intimate, sexual contact.

Although many couples are content to be "sexless," a decline in sexual interaction is often indicative that emotional disengagement has progressed to the point of no return. It could be a sign that the marriage has reached a state of "terminality" and divorce is nigh. This is especially the case if at least one side of the marriage is in desperate need of sexual intimacy to fulfill his or her needs. Often, this individual will be prone to seeking to have his or her needs met outside of the relationship, or this person will become so dissatisfied with the relationship that it serves to completely unravel the original love ties upon which the relationship was built.

3 times when single parents can relocate with a child

Maybe you received an excellent job offer from a new employer 300 miles away. Maybe you want to move to a new state to be closer to your family members who can help you raise your child. If the other parent of your child doesn't agree with the move, it's possible you'll be out of luck.

In fact, many parents are forced to remain in one location because their exes refuse to allow them to relocate to a new place for a better life and opportunity. However, even if your child custody agreement has clear restrictions and requirements that necessitate approval from the other parent when you want to move with your child, there are some circumstances when a court will approve your request:

4 reasons why you might not need to pay alimony

Alimony payments are either a burden or a blessing, depending on whether you're the "paying" or the "receiving" spouse. If you're the paying spouse, you probably don't want to have to make these monthly payments, and you're hoping that you can defend against the possibility during your divorce process.

Here are four facts you'll want to drive home during your divorce to try to bypass an alimony award:

Ways to dispute a Florida divorce ruling

In the course of your divorce, a judge may issue various rulings, some of which you may want to contest. There are several avenues to pursue this type of recourse, depending on who issued the ruling, the stage of the litigation process and the facts of the case.

In any situation, it is important to understand that just disagreeing with the ruling does not give you sufficient grounds to contest it. Appeals typically involve arguing complex legal issues, so it is wise to work with an experienced attorney. Additionally, appeals timelines generally run on very strict deadlines. If you miss your chance, you will likely not get another, so be sure to act promptly.

Contact

Mercedes R. Wechsler, P.A.
1212 E. Ridgewood Street
Orlando, FL 32803

Phone: 407-440-0878
Fax: 407-839-0263
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