A Standby Guardian For Children In Emergencies
Law
Content Staff 1
October 27, 2018
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Orlando Child Custody Attorney

Emergency situations occur every now and then, and it is best to plan ahead. It is best to do anything and everything possible to ensure the safety and wellbeing of your children. An emergency situation regarding a child is one which results in an immediate risk to the child’s safety or wellbeing. Emergency situations usually call for the child to be placed in temporary emergency custody. That is until the case is resolved or a permanent decision is taken.

An instance where one or both parents are lost in an accident or incapacitated is quite possible. In such a scenario, if no guardian has already been appointed by the parent/s, then emergency custody precedes. If a guardian has been named for emergencies, the child may be placed under their guardianship for the time being. If your child has to be removed from your home, it is best to place them with a trusted adult. Choosing a standby guardian prior to such emergencies gives you the time to select the best person for it. It could be a trusted family member or even a close friend. Also, it is best to talk to the person that you select and let them know of your intentions. Naturally presuming that they are willing is not always best.

Child custody issues can be complicated and require the services of an experienced child custody attorney. Orlando Child Custody Attorney, Erin Morse can help you resolve your child custody issues in the best way possible. Also, Erin Morse Law Firm can help clarify any problems that you may have regarding child custody. Call up the Law Office of Erin Morse now to get an appointment right away.

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Grounds For Divorce: Is Your Spouse Abusive?
Law
Content Staff 1
September 14, 2018
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best divorce attorney in Orlando

Abuse should never be taken lightly. Abuse can either be emotional or physical. Psychological damage can be just as damaging as physical abuse. If a spouse is struggling with abuse in a marriage, it might be time to end that marriage. However, to be able to end the marriage, the spouse must state the reason for wanting to end a marriage.

The two ways grounds for divorce include fault-based and no-fault.

No-fault divorce is a process where a spouse requests for divorce without blaming the other spouse on their marital conduct. In this case, the marriage ends merely due to the breakdown of the marriage itself.

Fault-based divorce, however, is based entirely on the other spouse’s misconduct which caused the breakdown of the marriage.

To be able to know exactly what each state requires for the grounds for divorce, would be to contact the best divorce attorney in Orlando. It is a well-known fact that all marriages aren’t perfect. However, if the imperfections go as far as abuse, it becomes an issue.

A few of the common forms of emotional and physical abuse include:

• Verbal threats or intimidation of the other spouse.
• Physical abuse and assault to the other spouse.
• Screaming, yelling, or arguing that’s continuous.
• Continually degrading the other spouse.
• Failure to disclose an STD to the spouse.

Whether or not a spouse decides to choose a fault-based or no-fault divorce depends entirely on the laws of the state the individual is residing in.

In many cases, however, it becomes incredibly easy to prove that a couple wasn’t compatible in a marriage than to establish one of the spouses was emotionally or physically abusive. However, each case is unique, and the individual itself should talk to an experienced lawyer to determine his/her grounds for divorce.

The Law Office of Erin Morse is a Family Law Firm based in Orlando, Florida. Through Competent, skilled, professional, and experienced lawyers, client cases are guaranteed to go through the right path. Contact the Erin Morse Firm now!

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Effects Of Restraining Orders.
Divorce Law
Content Staff 1
September 5, 2018
0
best divorce attorney in Orlando

Typically, after a divorce, there may already be proceedings including the child custody battle. The parent who is the primary caretaker of the child may sometimes face additional complications from his/her spouse, i.e., the other parent. If this happens involving a restraining order, it is vital to contact an attorney. The attorney would help resolve custody and visitation issues before determining how to resolve further complications.

Typically, when a person attempts to take out a restraining order on another individual, there is usually evidence of threats, violence, or possible harm from the other individual.
Legal enforcement for the restraining order can be done by contacting a local law enforcement officer. This is done if the individual doesn’t comply with the properties of the order.

A spouse may take out a restraining order on the spouse if he/she is claimed to be violent. It can also be done to prevent the fear of the other spouse harming him/her or the children in the relationship.

In a divorce situation, the restraining order decreases the chances of possible custody and visitation rights of the parent.

A restraining order is usually to provide temporary release from the possibility of harm. This is done through the documentation stating the other party involved should remain away from the individual and not contact him/her depending on the type of order established.

However, for the restraining order, the long-term effects of it may affect the custody and visitation rights with the divorced spouse. The parent may then have little or no rights to see him/her children during this period. This lasts until the individual who filed the restraining order overturns the order.

To be able to dissolve the order, the spouse who received the restraining order would have to provide evidence or a witness. This is done to show no form of violence exists.

An efficient lawyer would be able to provide all the necessary help required to properly resolve the issues that may persist after the restraining matters have been settled.

If you’re unhappy in a marriage and are looking to file a divorce and gain a fair distribution in the process, The Law Office of Erin Morse is here to help.
The Erin Morse Firm guarantees the best divorce attorney in Orlando would be provided to help client cases go through the right path. Choose The Law Office of Erin Morse for your family law needs!

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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
0
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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best Orlando divorce attorney

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
0
 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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