Florida vs. Illinois divorce

Florida vs. Illinois Divorce Laws

Divorce is handled by state law. If you are under the jurisdiction of a state by that own state’s rules you CAN get divorced in that state.  That doesn’t mean you MUST get divorced in that state.  Theoretically, it’s possible to get divorced in one of

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Can I see my husband or wife's text messages

Can My Husband Or Wife See My Text Messages?

A million questions swirl in the mind of the soon to be divorced. What will happen to my kids? What will happen to my retirement money? And, perhaps more immediately, can my husband or wife see my text messages? What Are Text Messages? At the time of this writing,

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Florida common law marriage

Common Law Marriage in Florida

Florida used to be a big, rural and empty state.  Folks would propose, have a little ceremony and just start living together.  Not everyone would go down to the courthouse to register their marriage.  These relationships were referred to as common law marriages in Florida.  Common

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How Do You Get Legally Separated In Naples, Florida?

How do you get legally separated in Florida? In short, you cannot get legally separated in Florida.  Some states have a special legal status called “legal separation” but Florida does not.  Separation in Florida simply means a married couple that does not live in the same

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What Are The Grounds For Divorce In Florida?

What are the grounds for Divorce in Florida? Before 1971 there were all sorts of grounds for divorce in Florida: Adultery, Cruelty, Violence, Desertion, etc.  Then the “no-fault” statute was passed that we live with today. Most states have a similar concept of “no fault divorce”

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Florida law regarding college expenss after divorce

Who Pays For College Expenses In A Florida Divorce?

Raising kids is expensive.  Daycare can often cost more than a mortgage but it’s nothing compared to the expense of putting a child through college.  Usually families sit around the kitchen table and figure out how they’re going to pay for college where mom, dad and

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Florida unmarried living together agreement

Cohabitation Agreements In Florida

People are getting married less and less often in Florida. That doesn’t mean that people are not getting into relations where they rely on each other’s mutual promises, however. A relationship can be whatever you want it to be under Florida law and you can enforce

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Divorce and inheritance in Florida

Inheritance and Divorce in Florida

A married couple will rarely receive an inheritance together.  More typically, one spouse will receive an inheritance via a bequest individually, i.e. “to my loving daughter”  What happens to this inherited property after a Florida divorce? Marital Property vs. Non-Marital Property in Florida  The Florida statutes

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child support in collier county, florida

How Does Child Support Work in Naples, Florida?

Whether you are in the midst of divorce or were never married, Florida state law controls how child support works in Naples, Florida.  Florida Statute Section 61.13(1) allows the court to enter child support orders and provides some guidelines of what child support orders must include. The

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Can I Get An Annulment In Florida?

What does an annulment in Florida really mean? Black’s Law Dictionary defines an annulment as “when an event or judgment is treated as if it never happened” So, an annulment makes a marriage disappear as though it never existed.  This means you or your spouse cannot

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Free Consultation Divorce Lawyer Naples, Florida

Divorce Attorneys in Naples FL with Free Consultations

Naples, Florida lawyers with free consultations are rare but I am one of them.  Many other divorce lawyers in Naples do not offer free consultations.  Whether offering a free consultation is a signal for the quality (or lack thereof) of a divorce lawyer depends on a

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What Is Child Custody In Naples, Florida?

What does “Child Custody” mean in Naples, Florida?  From a very broad perspective, the Natural Guardians statute in Florida governs what people think of as custody, or at least how custody is initially determined in Florida. If you are married to your spouse you have joint

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Abogado que habla espanol en Naples Florida

Being a Spanish Speaking Lawyer in Naples Florida

I have an English first and last name, I’m 6’2” and I certainly don’t look Spanish.  So, people are surprised when I speak Spanish naturally with a pretty good accent (if I do say so myself).  Being a Spanish speaking lawyer in Naples, Florida has been

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Passports and children after divorce

Traveling With Children After a Naples, Florida Divorce

In Florida, by the end of a divorce the court is required to enter a parenting plan that governs all the details of how the parents are to manage being parents post-divorce.  This includes when the children spend time with each parent and where the children

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Reverse Mortages in Collier County, Florida

Reverse Mortgages and Divorce in Naples, Florida

Reverse mortgages are a unique, government sponsored, FHA insured financial product that can be extremely useful in a divorce. Oftentimes, divorces are caused by extreme financial stress.  One party is constantly starting businesses, losing the business, gambling or spending every available dollar.  The marital home becomes

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Florida family law civil procedure

The Florida Divorce Court Process From Start To Finish

While most of my previous articles describe how Florida law is applied in a divorce case.  It is very difficult to describe accurately how the law is applied and when.  Below, I outline the entire Florida divorce court process in summary.  The actual Florida Family Law Rules

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Agreed divorce in Naples, Florida

Uncontested Divorce in Naples, Florida

Uncontested divorce in Naples, Florida is not only possible, it is easily achieved under the right circumstances.  Many divorces share two things in common: 1) they parties agree that they should divorce, 2) The parties agree as to what should happen after their divorce. Agreeing to

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Childrens opinion in Florida divorce court

Will My Children Have To Testify in My Naples, Florida Divorce?

When two parties divorce and those two parties have children the whole family getting divorced.  Because of this reality, the children should be given special consideration and considered merely another object to be negotiated between the husband and wife.  In fact, the children are likely to

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Gifts and Division of Assets i

Gifts and Divorce In Florida

In a Florida divorce all of the assets at the time of the divorce can be classified as either marital or non-marital for the purposes of dividing those assets.  The question is what happens with gifts and divorce in Florida? Marital assets are strictly defined in

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What Is Discovery In A Naples, Florida Divorce?

When discussing discovery in a Florida divorce we use the term “discovery” to describe the exchange of documents necessary for the parties in a case to be fully informed as to all the relevant facts in the case.  In a Florida divorce, the exchange of documents

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mini golf naples

Parenting Alone In Naples # 33: Mini Golf

This is number 33 in my series of articles where I focus on kid-friendly activities in a not-so-kid-friendly town, Naples, Florida.  If you are divorced, separated or just have the kids for the day, I hope these articles can be a handy, informative list of things

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Bonita Springs Divorce Lawyer

Bonita Springs, Florida Divorce Lawyer

Southwest Florida is an area that is typically considered to encompass Collier, Lee and Charlotte Counties. If you live in one of these counties and you file for divorce, you must file your divorce in that particular county. However, that does not mean you have to

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Family Law in Naples, Florida

Family Law in Naples, Florida

The United States of America has 3007 counties which each govern and conduct family law in their own particular style. This myriad of laws and regulations mean that each local area needs local expertise to navigate a divorce, custody hearing, alimony determination or any other type

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Prenuptial Agreement Florida

Enforcing or Breaking a Prenuptial Agreement in Florida

The Florida Statute Chapter 61 governs divorce.  The Florida statute says what property gets divided and how in a Florida divorce.  The statute also says who pays who and what amount.  You don’t have to follow the Florida statute, though, if you’ve entered into a prenuptial

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Legal Resources

Often times I am asked for a referral for lawyers out of state.  Because of this, I collect a list of reputable lawyers I know of.  If you’re a lawyer who’d like to be included on this list, please let me know. Chicago Bankruptcy  Attorney Denver Probate

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affordable divorce in naples fl

Cheap Divorce Lawyer Naples FL

The average person knows what happens in a divorce.  Two parties’ assets get divided 50/50 and one party’s income may even be divided by two, as well, via alimony.  The end result of divorce, is therefore, very expensive. So, it is in the best interest of

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Parenting activities after a divorce in Naples, Florida

Parenting Alone in Naples # 30: Shy Wolf Sanctuary

This is the 30th edition of my series of articles describing things to do with children in the Naples, Florida area. If you’re going through a divorce, it’s important that your priority remains your children and that means arranging fun, educational activities. Just east of 951

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Full Steam Ahead

Parenting in Naples # 7: Full S.T.E.A.M. Ahead

This is the seventh in my series of parenting tips exclusive to Naples, Florida parents.  Typically, I suggest an activity that a single, perhaps divorced, parent can do with their kids that’s engaging, safe and fun.  This time, I’m recommending an educational facility that does after

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Bounce Naples

Parenting in Naples # 6: Bounce Trampoline Sports

This is the sixth in my series of where and how to parent alone in Naples, Florida.  Naples is not the world’s most kid-friendly city but me and my kids have been finding stuff to do and we’d like to share our discoveries.  Whether you’re divorced,

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Adultery and Divorce in Collier County, Florida

How Does Adultery Affect My Naples, Florida Divorce?

Adultery and Divorce unfortunately often go together in a Florida divorce. In the old days of Florida’s past, proof of adultery both allowed for a divorce and barred the adulterer from ever requesting alimony.  Presumably, the courts exercised broad discretion back then and punished adulterers by

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Naples, Florida courthouse

Where Do You Get Divorced In Naples, Florida?

Your divorce starts in whatever county court the Petition for Dissolution of Marriage. If you and your spouse live in Naples, Florida, you will almost always be filing in the Collier County Courthouse.  Where you got married does not effect where you file for divorce. If

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Vanderbilt Beach, Naples, Florida

Parenting in Naples # 4: The Beach

This is number four in my series “Parenting in Naples” where I make suggestions of places to parent alone.  Whether you’re divorced, separated or just have the kids for the weekend, I hope my recommendations help you and your children enjoy some quality time in a

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Age and Divorce in Collier County

How Does My Age Affect My Naples, Florida Divorce?

Elderly or grey divorces are becoming more and more common. Age can be a factor in Florida divorces insofar as it impacts alimony. In Florida people over age 65 have an extra right to speedy trial (for presumably morbid reasons).  “Civil actions involving elderly parties; speedy trial.—In

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Alimony length in Collier County

How Long Does Alimony Last In A Naples, Florida Divorce?

The primary factor that Florida courts consider in determining the length of an alimony award is the length of the marriage. “For purposes of determining alimony, there is a rebuttable presumption that a short-term marriage is a marriage having a duration of less than 7 years,

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birding with kids in Naples, Florida

Parenting In Naples # 3: Audubon Corkscrew Swamp Sanctuary.

This is part 3 of my series of how to enjoy parenting time when parenting alone in Naples, Florida.  Whether you’re divorced, separated or just have the kids for the weekend,  healthy, constructive activities with your children is how you turn your quantity of time into

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collier county bridge the gap alimony

What Is “Bridge The Gap” Alimony in Naples, Florida?

Florida law allows for alimony but the ordered alimony must fall into one (or many) of the classifications laid out in the statute “In a proceeding for dissolution of marriage, the court may grant alimony to either party, which alimony may be bridge-the-gap, rehabilitative, durational, or permanent

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Rehabilitative Alimony in Collier County, Florida?

What Is Rehabilitative Alimony in Naples, Florida?

The Florida statutes outline the different types of alimony available to a spouse.  “In a proceeding for dissolution of marriage, the court may grant alimony to either party, which alimony may be bridge-the-gap, rehabilitative, durational, or permanent in nature or any combination of these forms of

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permanent alimony in Collier County

In Naples, Florida, Is Permanent Alimony Really Permanent?

In a Florida divorce, permanent alimony is a fixed, recurring payment that lasts indefinitely. Permanent alimony can only be changed via 1) death of either party, 2) remarriage of the alimony-receiver or 3) after a court decision that alimony should be modified based on a substantial

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Parenting In Naples Florida Cambier Park

Parenting In Naples # 2. Cambier Park.

This is the second installment in my series of suggestions for parents who are now parenting without a partner. Parenting is hard and it’s even harder when you’re doing it alone. So, I’ve prepared an in-depth list of activities the Naples, Florida parent can do with

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Alimony in Collier, County, Florida

What Is Alimony In A Naples, Florida Divorce?

In Florida, alimony is first governed by the alimony statute which immediately informs us that there are numerous kinds of alimony. “In a proceeding for dissolution of marriage, the court may grant alimony to either party, which alimony may be bridge-the-gap, rehabilitative, durational, or permanent in

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Spouse's gambling in Collier County

What Is Dissipation Of Assets In a Naples, Florida, Divorce?

Dissipation Of Assets is the phrase Florida courts use to describe wasteful, concealing, or other non-marital expenditure of what was previously a marital asset. Courts make a finding of dissipation of assets when “one spouse use[d] martial funds for his or her own benefit and for

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Dividing Marital Property in Collier County, Florida

What Is Marital Property In Naples, Florida?

In a Florida divorce, a couples’ assets and liabilities will be totaled and categorized as either being marital or non-marital.  Once property is identified as marital the courts will find that, upon divorce, the property should be divided equally.  Fla. Stat. Sec. 61.075(1). Non-marital property shall

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Distribution of Marital Home in Collier County, Florida

Who Keeps The House In A Naples, Florida Divorce?

To answer the question “who keeps the house in a Florida divorce?”, the time of the purchase of the house will often determine who keeps the marital home. If the house is purchased after the marriage with funds that either party earned after the marriage then

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Division of marital assets in Collier County, Florida

How Are Assets Divided In A Naples, Florida Divorce?

How are assets divided in a Naples, Florida divorce? 95% of divorces in Naples, Florida are settled via negotiations.  The Collier County Court may help at times refine and eliminate issues via temporary orders but most final decisions regarding a divorce are done so by agreement.

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Divorce and Pensions in Collier County, Florida

What Will Happen To My Pension In My Naples, Florida Divorce?

Pensions are typically referred to as defined benefit retirement plans as they provide a guaranteed income according to a specific formula after retirement. Defined benefit retirement plans are differentiated from defined contribution plans like 401ks, 403(b), and IRAs.  Defined contribution plans have an actual number value

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Change Parenting Time in Florida

How Do I Modify Child Custody in Naples, Florida?

A Florida court initially awards child custody based on the agreement of the parties and/or the best interest interests of the child.  The appropriate court for a child living in Naples, Florida will be the Collier County courthouse. After the final custody order is entered, the

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Custody in Florida

How Is Child Custody Determined in Naples, Florida?

In 2008 the Florida legislature abolished the concept of child custody in favor of the twin concepts of allocation of parenting time and allocation of decisional authority. Fla. Stat. Sec. 61.13.  This eliminated the victory of gaining full custody and the taboo of losing custody by

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Naples, Florida waterpark

Parenting In Naples, Florida # 1: Sun N’ Fun

Parenting in Naples, Florida is a series I’m starting to suggest things to do with kids that one parent can do with them.  Whether you’re separated, going through a divorce or divorced it can be a challenge to be as active as you should with your

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Parenting time in Naples, Florida

How Does Visitation Work In Naples, Florida?

In years past, visitation was the term Florida law used to describe the time spent with the parent who was not awarded custody. Since 2008, there is no “visitation” in Florida’s domestic relations law.  The new law instead calls visitation “parenting time” which is both a

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Custody orders in Florida

What Is Child Custody In Naples, Florida?

In Florida, child custody is a difficult concept.  The law was changed in 2008 so what we used to refer to as “child custody” is now referred to as parenting time and parenting responsibilities.  The concept of custody, who gets to see the child when and

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How Do I Get Sole Custody Of My Child in Naples, Florida?

Child custody or child time-sharing policy in the state of Florida stems essentially from this part of the statue: “It is the public policy of this state that each minor child has a frequent and continuing contact with both parents after the parents separate or the

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Bankruptcy and Divorce in Collier County, FL

How Does A Bankruptcy Effect A Naples, FL Divorce?

If you or your spouse have filed for bankruptcy and then you or your spouse file for divorce in Naples, Collier County, Florida, you’ll need to know how each action affects the other.  This is also true if the divorce is filed first and then the

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grandparent time with grandchildren

What Are Grandparents’ Rights In Naples, Florida?

What are a Grandparent’s rights in Florida? For hundreds of thousands of years, children have relationships with other adults beyond their immediate parents: aunts, uncles, close friends and, of course, grandparents. Often grandparents become a “third parent” or more sadly the “second parent” if one parent

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How Do I Establish Paternity In Naples, Florida?

To establish paternity in Florida, If a married woman has a baby the husband becomes the legal father and is put on the birth certificate pursuant to Fla. Stat. Sec 382.013(2). If the husband is not the father and anyone contests that fact, a court will

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How Do I Deny Paternity In Naples, Florida?

In Florida, to deny paternity you must be found to the be the father or at least accused of being the father. Typically, paternity is established merely by the parties being married.  If you are married to a woman and the woman has a baby, you

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How Do Prenuptial Agreements Work in Naples, Florida?

The first thing to understand is that a prenuptial agreement is a contract.  It is largely governed by the same contract law that controls a contract to fix a car, sell custom jewelry or any other agreement where you both promise to do something later to

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How Does Mediation Work In Naples, Florida?

How does divorce mediation work in Florida? The point of going to court is to have a judge resolve a dispute between two parties. Often, the issues at stake are so textured and interrelated that it would not be worth the court’s time to resolve. This

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Parenting Alone In Naples, FL # 28: Shopping

This is the number 28 in my series of articles about where you can take your children as single parents. During your divorce or separation, you will have your children for a few days and you may need to complete a couple of errands but will

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Post-divorce activities

Parenting In Naples, FL Alone # 27: Headpinz

This is number 27 in my series of articles on places where you can take your children when you are a single parent. If you’re divorced or separated, being a parent can be a challenge. I hope that this article can bring you a day full of

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Things to do with kids when you're seperated in Naples, Florida

Parenting Alone In Naples FL # 24: Naples Cyclery

This is the twenty-fourth in my series about parenting alone in Naples, Florida. Whether you are divorced or separated you can still spend quality time with your children. Spending quality time with your children doesn’t always have to mean taking them to places. There are many fun

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Parenting Alone In Naples, Florida # 20: Ice Cream

This is # 20 in my series of articles about the various locations you can take your children while parenting alone.  Whether you are divorced, separated or just have your kids alone for the day you will need to get out of the house even for

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parenting after divorce in Naples, Florida

Parenting Alone in Naples # 14: The Naples Zoo

This is number 14 in my series of articles about where you and your children can go in Naples, Florida when you are parenting alone. Whether you’re divorced, separated or just have the kids for the day I hope these articles serve as a nice list

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Parenting Alone in Naples # 12: Gymnastics World

This is number 12 in my series of things to do with your children in Naples, Florida.  Naples is a city that is beautiful and safe but it is not designed for kids. Hopefully, these articles will provide a short list of things to do with

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Parenting Alone in Naples, FL # 32: The Fair

This is number 32 in my series of articles about places to take your kids if you are parenting alone in Naples, Florida.  Whether you are divorced or separated your children will always be your priority and greatest joy.  This means finding fun things to do

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Parenting Alone in Naples # 31: Dog Parks

This is number 31 in my series of articles of things to do in Naples when you’re parenting alone. When you’re not able to be with your children full time you still feel the need to care for…something.  Usually a dog can help fill that void

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