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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

What happens with my inheritance when I divorce?

When it comes to divorce, Florida is what's known as an equitable distribution state. This means that when a couple divorces, any property that they acquired while married generally is divided up fairly between the two spouses.

With inheritances, though, they're not treated the same as other marital property. Instead, under most every jurisdiction's laws, inheritances are seen as separate property, even when they were received during a marriage. As such, they generally don't get divided up during a divorce.

3 things to consider for your gray divorce

No two divorces are the same. For example, a divorce between a young couple still in college is going to be much different between a retired couple in their sixties who own property in Naples. This is why there are special things you should consider if you are headed for a gray divorce.

While you may experience some of the same types of feelings as the young college couple, a late-in-life divorce often comes with its own set of challenges. Here are some tips for your gray divorce.

Does cheating impact who will be awarded custody of a child?

Years ago, a scorned spouse who was able amass evidence that his or her ex had cheated on him or her would gain an upper hand in divorce proceedings for doing so. Nowadays, no-fault divorce dominates. As a result, it's become a lot less relevant whether a spouse had an affair or not when settling a divorce. Some legal experts suggest that it may still play a role as to how a judge decides a child custody matter though.

A parent who has had an extramarital affair will not automatically lose his or her ability to seek out more visitation or custody of his or her child, but it may impact how he or she is perceived if the matter is decided by a judge or mediator. While, for each of them, their role is to either render impartial decisions that are in alignment with the law, they're only human. Their own perception of a parent's actions may inevitably impact decisions they make in a case.

Why is it essential to have a prenup if you're getting remarried?

When marrying couples think about prenups, they often discuss getting them as a way to protect themselves if they end up divorcing down the road. Many times couples don't think of them as useful if they predecease their second spouse and have kids from their first marriage. While a prenup doesn't replace a will, it can provide remarrying couples as a way to protect themselves in both an instance of divorce or death.

Proponents of prenups argue that they're valuable because largely because of how all-encompassing they can be written to be. Whatever assets a spouse is looking to earmark for others aside from their spouse can be included in it. This includes the family business, art collection, the vacation home, jewelry and cash. Unless a prenup is in place, then it opens up the door for an ex or widow to lay claim to these different assets.

Choosing the right visitation plan for your infant

When you child is still an infant, maintaining your sanity as a parent is largely contingent upon establishing a predictable routine that you and your baby can follow. It can seem difficult to do, though, if you and your co-parent aren't living in the same home after separation or divorce.

If you're a man embarking on your first foray into parenthood, then you're likely not going to know about everything that's necessary to take care of a child. It's only with practice that you may begin to understand what certain cries mean, when to feed your baby and how to sooth them. That's why it's important that you not bite off more than you can chew when agreeing to take on visitation with your newborn.

How a divorce can impact your small business

It's not uncommon for the words expensive and messy to be used to describe divorces. It can get even more hairy if you own your own business though.

Depending on what life stage your company is at, whether it's just in its infancy or it's a longstanding, thriving one, preserving it seems like an impossible feat when you're headed toward divorce.

Protections against infidelity that can be added to postnups

A new type of postnuptial agreement is emerging. It's called a infidelity postnup. It essentially amounts to one of many types of lifestyle clauses that can be listed in a postnup.

Many spouses, tired of a husband or wife's cheating ways, are getting them to sign infidelity postnups before they consider reconciling with them. They're being championed as a way that a spouse can protect him or herself from being cheated on again. They're considered to dissuade many spouses from doing so, because, if they don't abide by it, then they could be hit with significant financial penalties for not doing so.

Protect what’s yours during divorce

If you are contemplating divorce, you may be worried about your financial future. You know you could be losing a significant portion of your marital assets, including up to half of your retirement account, your home in Naples and anything else that you acquired during the marriage. These worries are not uncommon among women facing divorce.

Fortunately, there are some things you can do right now to start protecting your money and financial future. Read further for some tips to secure your finances during divorce.

Factors that can impact your ability to gain child custody

When it comes to a judge making child custody decisions, we often hear that they make decisions that they believe will be in the best interest of the child. It's important to note that there are some factors, surrounding that parent's living arrangements, that will greatly impact where they're allowed to ultimately live as well.

If the child's mom or dad is not an ideal individual for the child to live with, then it's common for a grandparent to step in and request to take custody of a child.

Some assets that you shouldn't forget to include in your prenup

When couples decide to sign prenuptial agreements before getting married, they often think to include such valuable assets as their home, their cars or the investment portfolios. They rarely think about including some of the more sentimental assets or financial obligations they may have though. They're these excluded assets that often become highly fought over during a divorce.

One of the more sentimental assets that is often left out of a prenup include beloved pets . With pets, you can use your prenup to define who will retain custody of both existing and future pets if you two split up. In much the same way you would discuss child support and custody, you can spell out in your prenup who'll be financially responsible for the care of your pet when you divorce.

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