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The Law Office of Long, Murphy & Zung, P.A. commits itself to providing unparalleled legal services in the practice of matrimonial and family law. To that end, our firm is inexorably committed to the highest ethical standards in amicably and equitably resolving family law disputes so that the welfare of the client, the family and society are enhanced.

Naples Family Law Blog

How to break a prenuptial agreement

Prenuptial agreements protect spouses' rights to their assets and income that they amass during their marriage. While we like to think of contracts such a prenup as being unbreakable, that's far from the case.

An increasing number of couples, including wealthy individuals, have begun requesting that their future spouses sign prenups during the past two decades. As more have signed these documents before walking down the aisle, more divorcing spouses are looking for a way to have theirs thrown out when they split.

What type visitation schedule is right for you and your children?

Figuring out which parent is going to have the kids for holidays or birthdays can be difficult. Deciding who's going to take the kids to school, extracurricular activities and on the weekends doesn't have to be as difficult, though.

Child psychologists note that there are certain things parents should consider when coming up with a visitation schedule for their kids. Consider their age and personality. One of the first things they urge divorcing parents to consider is their child's personality traits and age. They also should take into account both the extracurricular and academic activities they're involved in.

Divorce mediation: A great option for older couples

When you're young, you're more likely to be hot tempered and fiery. Therefore, when younger couples divorce, tensions can run high and it may be difficult for them to get along and work out their differences diplomatically.

As for older couples -- in the 60-plus age range -- these individuals have had a lifetime to grow and mature. Perhaps your soon-to-be ex is not perfectly mature. However, the older he or she is, it's more likely that your spouse will have a better capacity to work with you during your divorce proceedings. For this reason, divorce mediation could be a great option for your situation.

Handling the division of complex assets in your divorce case

When a partner first starts thinking about leaving his or her spouse, one of the first things thought about is how to divide up his and her belongings. Most commonly that involves deciding who's going to stay in the house, keep the cars or furniture and how they're going to split up the cash in the bank.

Couples are less apt to discuss how they're going to split up more complex marital assets, like artwork, retirement accounts or investment portfolios. Unless a spouse is working with either an accountant or attorney particularly attuned to complex financial matters, then it's likely many valuable assets will slip through the cracks.

How Child Support Is Determined In Florida

Every state handles divorces a little differently. In the state of Florida, the courts create what is called a parenting plan. A parenting plan encompasses all of the critical components of co-parenting and custody, including visitation and shared custody time, child support amounts and other special considerations like the division of holiday time.

If your divorce is contentious and you and your former spouse can't reach an agreement about custody, the courts will be the ones making all the final decisions about visitation and child support, which can feel very disempowering.

Even folks of average means should not marry without a prenup

Prenuptial agreements have long been popular among couples in the entertainment industry. Only recently have they begun to gain steam among us common folk. While many think they have too few assets to even consider drafting a prenup, more couples are beginning to see them as one of many prudent methods of protecting their individual financial futures.We currently live in an era in which more couples are becoming involved in second marriages. In fact, statistics in 2013 hints that at least one of the spouses that make up newly married couples has been previously married in at least 40 percent of all cases. Many of these spouses enter into the marriages with kids they had with their ex.

If a spouse dies, under most state laws, the other would be left with his or her assets. However, a husband or wife with children from a previous relationship may want to ensure that their children are taken care of if something happens to them.

How fathers can gain full custody of their children

Family court judges are sworn to uphold the equal rights of both fathers and mothers. At the same time, they are charged with ensuring that their decisions err on the side of doing what's in the best interests of the child. While many judges take this responsibility to mean that it's best for both parents to share custody of a child as opposed to just one, there are some instances in which a judge may legitimately rule a dad is most fit to take care of his children alone.

To be prepared to battle your child's mother for full custody in court, you should first be armed with documentation proving your paternity of the child. This can be done by either showing that your name appears on your child's birth certificate or by making a public declaration of your role as father in open court.

Your behavior may affect your custody battle

Most of us believe that we are good people, but when it comes to a custody battle, sometimes the worst versions of ourselves come to the surface. In the moment, it all seems reasonable and justifiable, but if you're not careful, you can create great problems for yourself by your own behavior in a custody negotiation. Before you make any drastic moves, or if you feel yourself heading in a dangerous direction, consider these warnings.

A custody arrangement is supposed to be about what is truly best for the child at the heart of the matter. To this end, one of the best things you can do for yourself and for your child is to be dependable. Show up on time, keep your promises, and never force your child to get involved in your conflict with his or her other parent. Many custody cases have gone one way or the other because of the behavior of a parent who probably thought to themselves, "But, I didn't do anything wrong!" You don't have to break the law to jeopardize your privileges in the eyes of the court.

How an attorney can help with complex asset division

Every state has different laws when it comes to marriage and divorce. Florida law makes it an equitable distribution state. The courts will try to fairly split all marital assets during a divorce. However, if your marriage included a host of unusual assets, it can be difficult to determine what a fair division of property really is.

The courts may look at a variety of factors when determining how to split up the assets acquired during your marriage. These could include custody of children, earning potential and any fault involved with the divorce itself, such as infidelity or physical abuse.

The courts will then take steps to ensure the way assets get divided is fair and equitable. To do that, however, the courts need to be acutely aware of what assets you own and what the fair market value of those assets really is. The greater the overall assets you and your spouse have, the more likely you are to have significant assets, like second homes, which can be difficult to split evenly. Many times, assets will either get divided based on requested by the parties divorcing or split by the courts based on their financial value.

Working for a fair outcome in a high-asset divorce

In the best of situations, divorce can still quickly become a nightmare. For families with substantial assets, a high-asset divorce can rapidly become a contentious nightmare. Both spouses may feel entitled to more than their fair share of assets.

In scenarios where one party worked and the other stayed home, the working spouse may not believe it's fair to share assets he or she earned while working. If both spouses worked, there can easily be disagreements based on who earned the higher wage and whose retirement account or 401K has seen more contributions during the marriage.

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