Spousal Support In a Divorce Involving a Spouse with Mental Health Conditions
Law
Content Staff 1
August 22, 2018
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divorce lawyer orlando fl

Marriage can be a bumpy road, especially since not all marriages end happily. A single spouse’s mental health issues could add increased challenges to even the most stable marriages. At some point in a marriage, a spouse may decide he/she can no longer handle the instability or violence of the spouse and may require a divorce.

While there isn’t anything preventing an individual from divorcing their mentally ill spouse, he/she would be required to plan ahead to ensure the divorce process goes smoothly.

However, it is essential to keep in mind that the duty of the individual wouldn’t necessarily end upon the divorce.

While each state has their own rules regarding mental health illnesses and divorce, a mental health condition can be referred to as a mental health impairment which could range from a severe mental health disease. These conditions could range from schizophrenia to an easily treatable condition such as mild depression.

Generally, depending on the severity of the mental health illness of one of the spouses, the other spouse may find him/herself responsible for long-term support, financially.

However, a spouse who goes through minor moments of depression or has as a condition such as Obsessive Compulsive Disorder, alimony won’t automatically be issued to the spouse. In fact, like in any divorce, the judge would factor the needs of the spouse and the ability of him/her to be self-sufficient. Additionally, the other spouse’s ability to pay would also be considered.

Keeping in mind the unusual difficulties that may be faced by a mentally affected spouse would have it’s share of difficulties. However, in certain situations it is essential to hire a divorce lawyer Orlando FL to help spouses be guided through the process with the relevant information.

The Law Office Of Erin Morse is a Family Law Firm based in Orlando Florida. Through expertise and professionalism, clients can receive the right amount of support and guidance required to help the case go the right direction. Contact The Erin Morse Firm today!

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Parents As Decision Makers For Child Custody And Visitation.
Law
Content Staff 1
August 7, 2018
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child support attorney Orlando fl

When it comes to divorce and child support, there are two potential decision makers. This could either be the parents of the child/children or the court judges. In this article, we’ll be discussing parents as the decision makers for child custody and visitation.

If it is possible at all, parents should always find a way to work our child custody and visitation issues by themselves. With the help of a child support attorney Orlando FL, the parents can gain a significant advantage through guidance and support to establish their case.

In this aspect, parents can make use of measures such as:

• Informal talks.
• Working with mediators.
• Working with collaborative family law attorneys.

Through these methods, everyone can come to a common conclusion in identifying what’s best for the child/children. This way, parents can also make sure their child support related matters stays between them and out of the courts.

If spouses can reach adequate child custody and visitation agreement, spouses can memorialize it through a written settlement. The judge would have to review and sign it to establish a proper agreement.

However, this method wouldn’t be possible if either parent is bitter, addicted to drugs/alcohol, or has been abusive to the other spouse, children, or both.

If the parents of the child can’t settle the case by themselves, they’ll have to go to custody court and let the judge make the decision. In this case, the judge may have a different perspective on the child custody and visitation laws than the parents and their attorneys. For this reason, it is essential to try to work out issues between the spouses itself. Both parents can keep proper control of the matter and don’t have to leave it in the hands of a judge.

To be adequately guided through the process, the right child support attorney can be sought to make matters easier.

The Law Office of Erin Morse is a Family Law firm based in Orlando, Florida. At the Erin Morse Firm, professional, experienced, and competent lawyers can be selected to make sure that the case goes in the right direction. The Erin Morse Law Firm guarantees client satisfaction as it is their number one priority.

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Introduction To Divorce Arbitration.
Law
Content Staff 1
August 1, 2018
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best divorce attorney in Orlando

When facing divorce, there may be a lot of confusion and uncertainty. Understanding the informed decisions about what type of divorce process is best for each party in making sure the proceedings go smoothly.

So what is Divorce Arbitration?

Arbitration is one of the multiple processes which are used to resolve any conflicts and disputes between both parties involved in the divorce process. This method is often used when couples have reached a stage in their divorce negotiations and come to a decision that they seek to resolve their issues without the court getting involved.

Divorce Arbitration can primarily be identified as a type of divorce trial. However, in this procedure, instead of couples resolving the issues in a public courtroom, their case is discussed in a private setting with an Arbitrator. This procedure is known as an Arbitration hearing. The hearing is scheduled at a particular time and conducted in a place convenient t for all parties. This differs to court trials since court trials are typically planned for the availability of the judges.

In the process of a Divorce Arbitration, the couple involved in the divorce process and their respective attorneys have chosen and agreed to an Arbitrator conducting the hearing. The Arbitrator is then presented with the facts and specific issues regarding the case which prevents the resolution of the case.

The benefits of Arbitration include:

• Divorcing couples get to choose the Arbitrator who discusses their issues.
• Divorcing couples get to select an Arbitrator who has specific expertise in an area. (e.g., taxes)
• The Divorcing couple can select the day, time, and location of the hearing.
• The divorcing couple benefits through privacy, confidentiality, and a less formal setting than a court hearing.

When it comes to divorce, the process overall can be entirely stressful and frustrating. Having someone by the side of a divorcing party to guide and direct them could benefit them significantly. For this reason, selecting the best divorce attorney in Orlando could help considerably.

The Law Office of Erin Morse is a Family Law firm based in Orlando, Florida. Through a competent set of staff members, the firm ensures clients would be granted with skilled, experienced, and determined attorneys to ensure the case is diverted to the right path while experiencing optimal services.

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A Post-Nuptial Agreement And When To Get One.
Law
Content Staff 1
July 26, 2018
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divorce attorney Orlando

In the current age, most people are generally aware that many marriages are ending in divorce. Certain couples even find themselves planning for worst case scenarios. Using a postnuptial agreement can assist in doing so. Postnuptial agreements are similar to prenuptial agreements. However, these agreements are made after the wedding.

Since each state has their own requirements for postnuptial agreements, checking with the state laws is essential.

Generally, a postnuptial agreement must meet the below-mentioned criteria:

• Should be in written form.
An oral agreement cannot be enforceable for the marital division of assets.
• Should be signed.
Both spouses have to verify their agreement through signature.
• It should be voluntary.
A spouse can’t force or threaten the other spouse to sign the contract. If so, the contract is unenforceable.
• Should be fair.
The postnuptial agreement can’t be one-sided or contain unfair terms.
• There should be full disclosure.
Assets, income, debts, and property should be disclosed by both spouses.

Couples frequently contemplate a prenuptial agreement way before they get married. When it comes to a postnuptial agreement, this happens after marriage. A single spouse’s out of control behavior, or spending might suggest a postnuptial agreement for the couple.

The terms of a postnuptial agreement could be the same as a prenup and would include the same kind of issues such as:

• Which spouse would be able to keep the specific property.
• Which spouse would pay alimony, the amount, and for how long.
• Which spouse is involved in marital debs such as mortgages, loans, etc.
• How property is divided.

If spouses aren’t sure about the terms of their contracts or any related divorce procedures, seeking the help of a divorce attorney Orlando would be able to assist in all relevant divorce-related proceedings to ensure clients go through the right path for their caseThe Law Office of Erin Morse is a Family Law firm based in Orlando, Florida. Through the provision of competent and skilled lawyers, the case of every client is assured to be diverted to the right direction while providing optimal services.

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Can Alcoholism Be Grounds For Divorce?
Law
Content Staff 1
July 16, 2018
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Can Alcoholism Be Grounds For Divorce?

Alcoholism has become a severe problem for many families around the world. Being married to someone who is an alcoholic can lead the spouse to feel helpless, depressed, and alone. It can also affect the spouse and children into a cycle of abuse.

Alcoholism has become one of the leading reasons for couples to get divorced in the United States. In fact, alcoholism has become one of the top 3 reasons for divorce generally. This is understandable since alcoholism can ruin relationships to the point where they can no longer be fixed.

Alcoholism is a severe condition that can turn a spouse into a virtual stranger. For these reasons, it isn’t uncommon if people wonder if alcoholism is grounds for divorce.

If a couple is getting divorced because one of the spouses has an alcohol problem, it may not only change the divorce proceedings but may also have a direct effect on child custody. Multiple states allow a spouse to file for divorce based on fault.

So in simple terms, alcoholism can be grounds for divorce filing. However, there needs to be a significant amount of evidence to show that the spouse is an alcoholic. It is essential to understand that if a divorce is being filed on a fault sense, then it could be a bit challenging to prove these cases.

When it comes to divorce overall, understanding how to proceed with the situation should be the first step. Hiring the best Orlando Divorce attorney would help an individual interpret all the necessary information to base their grounds for divorce.

Erin Morse Law Firm is an Orlando based law firm with experienced and skilled lawyers ready to take on family law cases. By striving to win the case, determined lawyers would help divert the case into the path that it needs to go while ensuring client satisfaction with optimal services.

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Divorce Settlement Issues To Avoid.
Law
Content Staff 1
July 15, 2018
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affordable divorce attorney in orlando fl

Typically, the majority of divorce cases do not end up in a trial. 90% of divorce cases end up in spouses reaching a settlement. With multiple cases being settled in a single day of mediation, it can be easy for things to be forgotten in a settlement. A few tips to keep in mind when negotiating a divorce settlement could help avoid common mistakes.

  1. Coming prepared.
    It is incredibly common for a party to assume they don’t need preparation since there is no court to visit. Before making or accepting a settlement offer, a complete and accurate picture of the individual’s spouses should be known.
  2. Tax consequences shouldn’t be forgotten.
    The tax consequences in a divorce settlement are generally overlooked with all the other procedures going on. However, this could have a long-term financial effect on the individual.
  3. Leave the room for negotiating.
    Both parties to the marriage would be expected to drift from the original settlement position slightly, mainly if the two parties have some distance apart. It’s entirely acceptable for the spouse to leave the room to negotiate to a more acceptable compromise.
  4. Seeing the case from the spouse’s perspective.
    After a divorce, the budget that would generally support one home should then be able to accommodate two households. For this reason, calculating the expenses and monthly budget would help both parties in the divorce be able to plan a more reasonable settlement for the divorce.
  5. Emotions shouldn’t control decisions.
    The ultimate goal of the settlement procedures should be to receive a fair settlement and keep the legal cost to a minimum. Resisting the urge to get back at the spouse should be constricted. The procedure should be approached as any serious business decision.

When considering settlement, it is essential for both parties to identify the best interest of themselves as well as their future after the divorce. Seeking an adequate and affordable divorce attorney in Orlando FL would be able to help clients make the best of the situation.

The Erin Morse Law Firm is an Orlando based law firm that issues experienced and skilled lawyers that look for the best interest of their client while providing optimal service. The case is ensured to be directed in the right path and strives to make sure the Law Office of Erin Morse is a name to remember.

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Third Party Claims In A Divorce.
Law
Content Staff 1
July 6, 2018
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divorce attorney Orlando fl

Generally when a married couple initiates their divorce what begins then is the division of their finances and financial assets. There are often issues regarding the determination on what each party’s financial resources are, and the worth of those resources. In some instances, there may be third parties who have an interest involved in those assets. For example, parents who issued a loan to the couple for the purchase of a family home.

When it comes to these situations, what happens typically is that one of the separating parties either challenges or denies the interest sought by the third party. Because of this, the third party would then have to defend their interest by intervening in the process of the couple’s divorce. Once this matter is taken into courts, the court would then have to determine the extent of the third party’s interest. This procedure would have to be separate before the financial claims can be resolved between both spouses involved in the divorce.

There are multiple other cases when it comes to third-party claims. A few examples where other parties may intervene in financial remedy proceedings include:
  • Business partners (could be siblings or other family members) of an individual who is getting a divorce would wish to protect business assets from that divorce. This could be done by defining the extent of the interest of the divorcing individual’s spouse.
  • When a divorcing party would have agreed to accommodate or look after a parent in a family home, this may not be possible during a divorce. In this case, the parent may have a claim of their interest being considered.

It is essential in these cases that a third party, as well as both parties involved in the divorce, should receive expert advice from a competent divorce attorney Orlando fl, in ensuring that their interests are adequately considered and protected.

The Erin Morse Law firm is a Florida based family law firm. The firm consists of a competent set of well-established and practiced lawyers. These lawyers would be able to offer their affordable and skilled services to ensure that clients receive the best results in their unique cases.

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Can Step-Parents Adopt Their Step-Children
Law
Content Staff 1
June 25, 2018
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Best Orlando Divorce Lawyers

It is not unusually rare for stepchildren to form a parental bond with their step-parents. This can often happen if the relationship with one biological parent happens to deteriorate.

It is not rare for divorced couples to remarry. And the new spouses often form an excellent parent-child relationship with their stepchildren. Ultimately resulting them to want to adopt the stepchildren legally. So is this possible?

Yes, it is possible for step-parents to adopt their stepchildren. First of all, the step-parent looking to adopt their stepchildren must be eligible to do so. In Florida, many qualify if they do not have a physical disability that prevents them from parenting properly.

Once you confirm your eligibility, next comes the consent of the biological parents. This is not always deemed necessary as there are some instances that do not necessitate consent. Your Divorce Lawyer can help you figure out if your case calls for consent or not. One such example that does not require consent is in the case of desertion or abandonment.

If the biological parent’s consent is required, it must be obtained. And the biological parent who has to terminate their parental rights needs to realize what it entails. Even the step-parent who seeks to adopt needs to understand the depth of it all. A competent Divorce Lawyer can help you out with it all. Clarify all your doubts and issues with the Best Orlando Divorce Lawyers at Erin Morse Law Firm.

It is not a must for you to have a lawyer by your side during this process of adoption. But it is best to seek legal assistance as the process can require certain tasks that are easy to get missed. The process can turn tedious and time-consuming in that case. Contact our law office now to find out all about the process of stepchildren adoption.

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Married Men Struggles
Law
Content Staff 1
June 8, 2018
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Affordable Orlando divorce lawyers

Too often is the struggle of women in distressed marriages been the primary focus.
Why is it so that the focus of struggling men isn’t mentioned as much?

A lot of attention is focused on the issue of women being unable to have a strong, assertive voice in a relationship. Although this may be true in the workplace and requires proper change, it is the men who have a loss of voice in their marriages.

This happens in a manner where the husbands often distance themselves by concluding that it isn’t worth the fight. This would lead to emotional detachment from the relationship and then begining to feel estranged and devastated when their spouse leaves them.

Multiple research suggests that men are often the cause of failed marriages. However, what doesn’t require enough attention is that many men generally tolerate far too much criticism, violence, intensity, as well as negativity from their partner. Enduring these adverse effects is something married men would do rather than take a firm hand on their own behalf.

How many times has it become a regular thing to hear the words “I don’t want to talk about it” from a male partner. Stonewalling and distancing themselves has become a common factor in relationships for men. This is the reason for the inability of men to express their emotions, not just to their partner but even friends and family.
Nothing is more important than being able to communicate with the spouse in a relationship. Communication and clarity is the base for establishing a strong foundation for a relationship. Failed marriages become more common every day. Lack of communication plays a significant role and is what leads to other issues.

Multiple husband figures haven’t found their ability to proclaim that they are able to speak to their spouses about anything where respect is required. Statistically, men are also more subjected to emotional and physical violence from their partners.

It is never okay for abuse to take place in a relationship. If a relationship seems like it is simply not working out, considering affordable Orlando divorce lawyers should be the best and first option in facing the crisis.

Law Office of Erin Morse provides affordable, competitive, and passionate services and ensures practices by only the experienced attorneys through an energetic representation for each client to find the best resolution to their unique situation.

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The Mortgage Loan AKA The Biggest Liability
Divorce Law
Content Staff 1
May 29, 2018
0
Orlando Divorce Attorney

The equitable distribution laws of Florida do not just apply to assets and property. But also to debts and liabilities. The most significant liability of many marriages is the mortgage on the family home. How can you go about splitting up this liability?

The most comfortable option is to sell the house and split the proceeds. This option makes sense and will usually be in both spouses interests. But the biggest obstacle here is actually selling the home. The housing market today will not make it easy to sell off your house for what you think it’s worth. But if this is a possibility, your Orlando Divorce Attorney will advise you to go for it.

The next option is to refinance the mortgage. In this case, one spouse should be willing to keep the house while the other is ready to let go. The spouse looking to keep it should be able to keep up with the mortgage payments. This spouse has to be able to qualify for a refinance with their income and credit score. This option also is available but not for all. The mortgage was initially obtained by both and getting one to qualify for a refinance is not easy.

When both those options are not available, couples have to stick with the original mortgage. That’s never the best option as you have to expect the other spouse to keep up with the mortgage payments.

Are you wondering about what to do with your mortgage? Consult your Divorce Attorney right away to get the best legal advice for your situation.

Orlando Divorce Attorney, Erin Morse is ready to give you the best legal counsel for your divorce matters. Contact the Law Office of Erin Morse now to find out more. Call her office to get the best lawyer in town for your case.

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