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Orlando Divorce Law Blog

Can I file an appeal of a family court order in Orlando?

Many divorcing couples believe that their case is finalized once a judge signs off on the divorce settlement in their case. This isn't necessarily the case though. It's still possible for each spouse to appeal a judge's ruling. If that's not an option, then they can request to modify their divorce decree.

Although it's possible for a former spouse to appeal a divorce decree, appellate judges seldom overturn a lower court's decision. One instance in which they're likely to agree to hear an appeal is if there were enforceability issues or only one party agreed to the settlement terms. If there are concerns that a judge abused their power or there's a suspected error of law or fact, then they may hear it as well.

What happens to the family car in divorce?

As you come to the realization that divorce is imminent, it's important to make a list of your assets and debts. This will give you the organization you need to make informed decisions with the idea of protecting your property and legal rights.

At some point, you'll wonder who gets the family car (or cars). This is particularly true if you're concerned about your ability to pay for a vehicle after your divorce is complete.

Can I fight my ex moving our kids out of state?

In generations past, it was common to grow up and marry someone from your hometown, settle down in the same community, rear your children and work at the same job for 40 years. Other than for annual vacations and overseas deployments in times of war, some people never left the area in which they were born and raised during their lifetimes.

Those days are definitely in the rearview mirror, however. We are now part of a very mobile society. People change jobs and move regularly today. But what happens when Orlando parents divorce and one parent plans to relocate out of state for work or other reasons? Can they take the kids with them?

How to divide joint credit card debt in a gray divorce

During your marriage, it's possible that you and your soon-to-be ex-spouse took on joint credit card debt. While this may have been necessary for a number of reasons, it can pose a challenge during the divorce process.

In a gray divorce, just the same as any other, you want to minimize your debts and obtain as many assets as possible. This should lead you to consider your many options for dealing with joint credit card debt:

  • Leave it in the past: If possible, find a way to pay off joint credit card debt before the divorce process begins. For example, both of you may agree to pay off the debt with money from a savings account.
  • Use balance transfer credit cards: If paying off the balance isn't an option, split the debt evenly onto separate credit cards. This allows you to tackle the debt in the manner that's best for you.
  • Cancel all joint credit cards: Even if you trust the other individual to do the right thing, they may give in to temptation and use the card for expensive purchases. If this happens, it's possible you could be on the hook for half of the amount.

Factors that go into determining alimony

In any divorce, alimony is typically the most contentious issues next to child custody. Judges in Florida spend a great deal of their time resolving disputes related to unpaid alimony or former spouses making the case for why the court should terminate future alimony payments. 

Needing to pay alimony can be a significant burden on the party who has to pay. However, it is essential so that the spouse making less money can still maintain a manageable lifestyle. Judges must look at various factors to determine how much alimony is fair and how long the spouse should pay it out for. 

Gray divorce could result in a blended family

If you decide to divorce later in life, such as around retirement age, there are special considerations. For example, you'll focus a good amount of time on the best way to split retirement assets.

Once your divorce is in the past, it's time to move on with your life. This could lead you toward another marriage. If it does, you may have to get on board with the idea of a blended family.

How to find hidden assets during your divorce

Once you decide to divorce, it won't be long before you're making a checklist of all your assets and debts. It's critical to have this nearby at all times, as it'll help you make informed decisions.

One thing you may be concerned about is hidden assets. While you hope your ex-spouse doesn't do this, it's possible they could take steps to hide assets from the court.

4 tips to follow if divorcing after retirement

When you finally decide to hang up your work boots for good, it's safe to assume you're looking forward to a future full of happiness and relaxation. Unfortunately, you could find yourself facing the divorce process at this time.

Divorcing after retirement is never easy, but here are four tips you can follow to stay on track:

  • Protect yourself before you divorce: For example, if you're getting married later in life, sign a prenuptial agreement to protect yourself. If you're already married, a postnuptial agreement is the right choice.
  • Create a property division checklist: Write down all your assets, including whether they are separate or joint.
  • Get into a flexible frame of mind: You won't get everything you want from your divorce, as compromise and negotiation is a must. Staying in a flexible frame of mind will help you get through the process with the least amount of stress possible.
  • Think about the future: It's easy to focus on the here and now, but divorce after retirement should push your thoughts into the future. For instance, think about how the division of retirement assets, such as a 401k plan, will impact your financial future.

How do I appeal a Florida family law case?

One of the final steps in the divorce process is for a judge to enter a final judgment in your case. Once they do so, it will be necessary to file a motion to modify your court order. If you both signed a settlement agreement, then it may only possible to file an appeal if there are concerns over how it was reached or its enforceability.

Appeals can be filed only if there was a significant error that happened while your case was being tried. If the presiding judge engaged in an abuse of discretion or there was an error of law or fact, then you may be eligible to file an appeal as well.

How to divide intellectual property in your Florida divorce

When getting a divorce, you must go through the process of dividing marital assets. Some types of property and sources of money are relatively easy to split. Deciding who gets a car or how to distribute money from a bank account are fairly simple decisions. Other some assets, like intellectual property, are far more complicated to untangle. 

Splitting up copyrights, trademarks or patents is no walk in the park. Figuring out how to fairly separate these kinds of assets requires careful consideration and proper guidance. Here is a general overview of your options when dividing intellectual property in your Florida divorce. 

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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