FatherCustody.jpgIn 2007, Florida made it possible for men who discovered they were not the father of a child for whom they were paying child support to petition for the termination of that support and any other parental obligations through the Disestablishment of Paternity process.

The Disestablishment of Paternity statute spells out how this must be done, and one of the main factors is that there must be newly discovered evidence showing that the supporting father is not the biological father of the child.

After learning he is not the biological father, the alleged father cannot:

concept%20of%20divorce.jpgPutting it simply, a divorce dissolves the bond of marriage and an annulment is as if the marriage never happened.

The state of Florida recognizes annulments, but they are governed not by state law, but by case law. Annulments are exceedingly rare, especially these days – they are most common for religious reasons.

In Florida, there are two ways to be granted an annulment. You must show that the marriage was either void (one of the spouses was married to someone else) or voidable, which is the more common scenario.

Custody-hands.jpgIf you are currently undergoing or even contemplating a Florida divorce and you have children, you may have found the terminology used to define Florida child custody law confusing. To clarify:

Florida courts prefer that both parents have as much input into the raising of their children as possible, which is why they typically require that parents have what is known as shared or joint parental responsibility. This is not the same as joint custody. Typically, Florida courts do not favor joint custody because of the disruption it brings to the lives of children – two different homes, perhaps different schools and different sets of friends.

Florida has found that the more workable arrangement is shared or joint parental responsibility, where both parents retain their full rights and responsibilities when it comes to parenting their children. This means that parents must communicate well with each other and share decision-making responsibilities when it comes to major decisions – medical, religious, education, etc. If the court finds that parents cannot work together on making those decisions, it may assign a specific responsibility to one parent.

beagle%20crop.jpgIn today’s society, pets are often considered members of the family, almost like children – and like children of divorce, they are increasingly becoming involved in custody disputes.

Currently, under the law, pets are considered property. However, the California-based Animal Legal Defense Fund wants to change that. On its Animal Bill of Rights petition to the U.S. Congress, it promotes the need for federal legislation to protect animal rights, including in court:

Petition to the United States Congress

question%20mark%20in%20front%20of%20face.jpgIf you’re a Florida resident who is seeking a divorce, there are some important questions you should be asking the divorce lawyers you interview. Yes, interview. You should interview Florida divorce attorneys to determine who would best represent you – someone who will handle your case like you want it handled and can get you a fair settlement at a fair price.

These questions should help you learn about whom you are hiring:

1. How many divorce cases does your firm handle each year?

LA%20dodgers%20logo.pngA second round of mediation brought Los Angeles Dodgers owners Frank and Jamie McCourt no closer to an agreement in their divorce, and no further talks are scheduled, according to a Los Angeles Times article.

With no settlement in sight, a judge has until Dec. 28 to rule on whether or not a 2004 agreement that makes Frank McCourt the sole owner of the MLB team is valid, or if it should be nullified, which would make the team community property.

The high profile trial was held last month to determine the ownership of the team, currently valued at more than $1 billion, as part of the McCourt’s divorce action. The 2004 agreement is in contention because the couple had drawn up a revised marital agreement in 2008 that would have made them joint owners in the team. However, Frank McCourt never signed the revised agreement.

Cut%20up%20credit%20cards.jpgOne of the major reasons couples divorce is money, and it is usually because one spouse has better spending and saving habits than the other. If you want to protect your credit during a divorce, here are some tips:

Check your credit scores. As soon as possible, pull individual credit reports on both you and your spouse from Experian, Equifax or Transunion. Check to see if there are any debts you are unaware of or that have been neglected.

Close joint accounts. Do this prior to divorce proceedings, especially if you think a vindictive spouse may incur more debt in order to punish you. You are both responsible for joint account debts until the divorce is final.

concept%20of%20divorce.jpgThe Insurance Information Institute has provided guidance on what to do with your insurance policies if you are headed for a separation or divorce:

Auto insurance – if there is a change in ownership of a vehicle, it will also be necessary to change who holds the insurance policy. You can protect yourself against liability by removing a former spouse from your policy in case he or she gets into an accident. If you have a multi-car discount, this will probably result in an increase in your auto insurance rate.

Homeowners insurance – the homeowner’s policy should be in the name of whoever stays in the home. You should also review the policy to ensure it covers the cost of rebuilding your home in case it is destroyed. If you are now living on a smaller income, you may want to raise your deductible amount so you have smaller payments. If you are moving out of the house and renting an apartment, you will need to get renters insurance to cover yourself for loss or damage.

broken%20heart.jpgAccording to the latest media reports, Tiger Woods paid his ex-wife Elin $110 million in their recent scandal-plagued divorce. Allegedly, their prenup was for much less than this, but prenups are broken every day and for a number of different reasons.

The primary reason that prenuptial agreements are breached include:

• Coercion, duress, undue influence or bad intent

broke.jpgDivorce has declined over the past couple of years, due in large part to the recession and the adverse financial impact the bad economy has had on home value, prices and savings accounts. Couples who have found it hard to make ends meet for one household may find it virtually impossible to support two different homes. The ability to refinance a mortgage is also much more difficult, and selling a home in Florida’s dismal housing market is usually not a viable choice either.

So what is a couple that wants to divorce to do?

Financial experts suggest that planning ahead and being practical about financial divorce settlements is a must. Divorcing couples may need to either delay the divorce until the economy improves or agree to share in the losses that may be incurred with a financial settlement in a depressed economy.

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