Long, Murphy & Zung, P.A.
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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's considered to be in the best interest of a child?

When judges are asked to render decisions in child custody cases, they're taught to do so by taking into account what's in the best interest of the child. While what a judge will consider to be most ideal for a child may be different in one jurisdiction versus another, there are some commonalities that exist.

Before deciding on either visitation or custody, the judge will likely look at where the child will be safest. If a parent has been abusive in the past or the neighborhood he or she lives in is unsafe, then these circumstances will likely affect the judge's decision. In cases like this, he or she may require supervised visitation or limit a parent's overnights with the child.

Splitting up assets during a gray divorce can get complicated

Divorce rates among those age 50 and older are on the rise according to to researchers at Bowling Green State University. In fact, they account for at least one-quarter of all marriages that end in divorce in the United States.

This uptick in divorce rates among those nearing retirement can be attributed to more women joining the workforce, changing perspectives about marriage and remarriage and partners living longer lives.

How a Florida divorce can impact your retirement

Not so long ago, divorce was seen as something pursued by younger couples, while those who were at or past the age of retirement were less likely to end their marriage. These days, however, divorces among older adults is increasingly common. More older Americans seek freedom and a fresh start as they begin to enjoy their golden years.

While you should never stay in an unhappy marriage just for financial stability, there are many issues you need to consider before a divorce. One of the most important considerations is how a potential divorce could impact your retirement.

What happens if my ex hides assets as we're getting divorced?

When a couple divorces, each spouse is required to fill out a number of different financial forms in which they list debts, income and expenses.

As with any legal document, both of you are required to be truthful in terms of what you disclose when you complete it. Although penalties exist for failing to disclose assets, many spouses take their chances and falsify information hoping to never get caught.Among the ways your husband or wife may attempt to hide assets is by not disclosing or understating the value of property acquired during the marriage. Inflating expenses or debts or downgrading their income are some other tricks many dishonest spouses are known to try to pull off as well.

Is a prenup important even if you're in love and have no assets?

When many hear the word prenup, they often think that it's not intended for them. If you're young and haven't yet built up your savings, then you're likely to feel as if you don't have enough assets to protect. Other couples may feel that they're so much in love, nothing could ever tear them apart. Whether one or both of these describe your relationship, there may some worth in signing a prenup anyway.

First, even the mere discussion about signing a prenuptial agreement has a way of encouraging couples to have those uncomfortable types of discussions, such as about finances, early on. It also has a way of forcing the two of you to really think about future debts you may accrue, savings you may amass and investments you may intend to make.

Why include a first right of refusal in my custody agreement?

When negotiating a child custody agreement, especially if it appears that you're going to be designated as the noncustodial parent, it may be advisable to have what's called a right of first refusal clause included in it.

In having this included in your agreement, it ensures that you as the noncustodial parent will have to be consulted to ask if you are interested or able to take care of your child before he or she is left with someone else. It can be written to be activated whether your child is going to be left with a babysitter, day care or even with a grandparent or relative.

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.

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