The children typically don’t get to choose which parent they want to live with. There are several reasons for this. First of all the courts don’t like to involve minor children in divorce proceedings.

Also, minor children are typically not mature enough to make decisions that can have such a major effect on their future. This could also put a strain on am otherwise good relationship with a parent.

Also, the children may make the decision for the wrong reason. Do we really want to place the children the parent who doesn’t properly discipline the children?

Certainly the court wants to place the children in the place that is in their best interests. However, this may not be the place that they would choose.

Whether or not a child’s preference matters depends on whether the child:

• Is intelligent enough to make decisions of this nature;
• Has the emotional capacity to decide who to live with;
• Understands the consequences of choosing one parent over the other in a custody case;
• Has enough experience with each parent;

If you are concerned with child custody issues, come in and talk to Ty Zdravko. Ty Zdravko practices law as a divorce attorney, and family law attorney in Palm Harbor, Clearwater and the surrounding area.

For more information, visit our website at www.divorceboardcertified.com
or call (727) 787-5919.

After receiving the divorce petition, spouses have the option to agree or disagree with what their spouse has stated about the divorce, but also what they have requested from their spouse.

If you do not agree to get divorced, you have a few defenses available. A ground for opposition could be that the couple was not legally separated for a year before the divorce was filed. This could bar the judge from granting the divorce.

You cannot prevent a divorce proceeding. If you refuse to cooperate, it will be necessary for you take some additional steps, such as using a court bailiff or a process server.

Tips for spouses who don’t want the divorce

1. Put on a brave face showing you can confidently move forward.
2. Don’t become emotional.
3. Respect the situation, the person, and yourself.
4. Don’t participate in arguing. .

Why wouldn’t you want to proceed with the divorce? Why would you want to be married to someone who doesn’t want to be married to you. Accept the things that you cannot change.

Ty Zdravko practices law as a divorce attorney, and family law attorney in Palm Harbor, Clearwater and the surrounding area.

For more information, visit our website at www.divorceboardcertified.com
or call (727) 787-5919.

In order to finalize a divorce, you and your spouse must come to an agreement on all the terms associated with a divorce agreement. While dating itself will not harm you legally, it may help to degrade the relationship between you and your spouse, making things more hostile. The hostility may bring complications that make your divorce more expensive.

For example, while dating will probably not affect your performance as a parent, your spouse may bring up the issue, which can take more time and bog down the process.

As long as you are living apart, and abide by any legal agreements, dating while separated is legal. However, dating while separated may have emotional implications that may impact the quality of life for your entire family for years to come.

If you are married, dating is a big mistake, unless you utterly separated from your spouse, both physically and emotionally. Conversely, if your spouse is dating someone, and you’ve truly moved on, it should not impact you in any way.

In most cases, separated couples don’t start dating because they don’t want to cause problems for their children. Talk to your children about how you want to move on with your life, but ask about their feelings as well…even if they’re adults. That’s a great way of making children feel how much you love them and value their opinions. Please make sure they are ready for you to start dating again.

Ty Zdravko practices law as a divorce attorney, and family law attorney in Palm Harbor, Clearwater and the surrounding area.

For more information, visit our website at www.divorceboardcertified.com
or call (727) 787-5919.

Is a wife responsible for a husband’s credit card debt?

You are generally not responsible for your spouse’s credit card debt unless you are a co-signor for the card or it is a joint account. However, state laws vary and divorce or the death of your spouse could also impact your liability for this debt.

Most U.S. states fall into the category of common law property states. In these 41 states, any assets acquired by one spouse belong solely to them. On the other hand, in the nine states that go with so-called community law (which include Louisiana, Arizona, California, Texas, Washington, Idaho, Nevada, New Mexico and Wisconsin) assets acquired in the course of a marriage belong to both spouses.

Should you pay off credit card debt before divorce?

Pay off or transfer debts ahead of the divorce if possible. This way if your spouse doesn’t make their debt payments, they’ll be the only one to suffer.

Are authorized users responsible for debt in divorce?

In most cases, both parties will be partially responsible for the debt, regardless of who was making the payment. If there is only one authorized user on the account, that party likely will be given full responsibility for payment.

Is my wife entitled to half my savings?

If you are married in community of property, all retirement funds will form part of the joint estate and, in the event of divorce, each spouse will be entitled to a 50% share of the joint estate.

If you are thinking of getting a divorce, come in and talk to Ty Zdravko. Ty Zdravko practices law as a divorce attorney, and family law attorney in Palm Harbor, Clearwater and the surrounding area.

For more information, visit our website at www.divorceboardcertified.com
or call (727) 787-5919.

So maybe you have been married for a short time, and things aren’t working out. Perhaps you thought that maybe you could get an annulment. An annulment is certainly less complicated. According to Florida law, with an annulment, it’s like the marriage never existed and there is no property settlement to discuss.

However, it’s not as easy as you think to get an annulment. You had a 3 day waiting period, and you made a valid contract in front of witnesses. In Florida, to get an annulment, you have to have grounds for an annulment.

It is possible, though difficult and unusual, to get an annulment in Florida.

The grounds for annulment of marriage must have been existing at the time of marriage, and include bigamy, lack of parental consent, insanity, fraud, duress, impotence, and serious and incurable sexually transmissible disease. As you can see, these grounds are complicated, and are not normally present when you just merely change your mind.

Your best shot is probably fraud. If you trump up some sort of assertion of fraud, the spouse may not dispute your allegations, and your judge might be sympathetic.

In Florida, marriages voidable because of fraud can be “ratified” (made valid) by the mere act of sexual consummation after the injured party becomes aware of the fraud, duress, or temporary lack of capacity which led to the marriage. You have to prove that as soon as you found out the fraudulent circumstances, you let the marital home. You can’t hang around for a while, and then decide to go for an annulment.

You should discuss all this with an experienced family law attorney. Ty Zdravko practices law as a divorce attorney, and family law attorney in Palm Harbor, Clearwater and the surrounding area.

For more information, visit our website at www.divorceboardcertified.com
or call (727) 787-5919.

During the divorce procedure, you will be required to provide information about your assets. You do not want to hide anything, because if you get caught, it will hurt your case and there could be penalties. In todays world, it’s pretty hard to hard things, and the other party may hire a “forensic investigator” who can hunt things down. However, your don’t have to broadcast the details.

Have a separate bank account

If you don’t already have a separate bank account, get one now. Have your income deposited with direct deposit, and have the statements send to your office or delivered electronically.

Have separate credit cards.

This will keep your spending away from prying eyes, and could help you establish your own credit ranking, which will be important after the divorce is final. Again, have the statements send to your office or delivered electronically.

Talk to your attorney

If you don’t ready have an attorney, hire one. Discuss your finances with your attorney. He will keep you out of trouble and will keep you from disclosing more than you need to.

Ty Zdravko practices law as a divorce attorney, and family law attorney in Palm Harbor, Clearwater and the surrounding area.

For more information, visit our website at www.divorceboardcertified.com
or call (727) 787-5919.

Couple fighting and about relationship problems

Everyone deserves relationships free from domestic abuse.

What are the six parts of a common pattern of domestic abuse?
Six distinct stages make up the cycle of violence: the set-up, the abuse, the abuser’s feelings of “guilt” and his fear of reprisal, his rationalization, his shift to non-abusive and charming behavior, and his fantasies and plans for the next time he will abuse.

What justifies as domestic violence?
Domestic abuse and violence comes from a belief system that tells the abusive person that they have the right to control their partner, and that they are justified in using whatever means necessary to maintain that control.

Demeaning remarks hurt just as much as a slap in the face. Not all abuse is physical. All abuse is painful.

What is domestic violence in simple terms?
Domestic abuse, also called “domestic violence” or “intimate partner violence”, can be defined as a pattern of behavior in any relationship that is used to gain or maintain power and control over an intimate partner.

What behaviors are considered abuse?
Examples include intimidation, coercion, ridiculing, harassment, treating an adult like a child, isolating an adult from family, friends, or regular activity, use of silence to control behavior, and yelling or swearing which results in mental distress.

Why do people stay in toxic relationships?
A lot of people in abusive relationships stay in them because they love their partner and think that things will change. They might also believe their partner’s behavior is due to tough times or feel as though they can change their partner if they are a better partner themselves.

The reluctance to leave may be because of financial situations. The abused party may think they can’t make it on their own. Perhaps you can receive help.

Ty Zdravko practices law as a divorce attorney, and family law attorney in Palm Harbor, Clearwater and the surrounding area.

For more information, visit our website at www.divorceboardcertified.com
or call (727) 787-5919.

Plan the Time

This has to be one of the most awkward conversations you will ever have to have. Make sure that you don’t just blurt it out, particularly when you are angry. You have to have a quiet calm time when you are not going to be interrupted.

Who Should be There?

You and your spouse should be there, and you should show a united front to the children. You and the spouse should prepare for the meeting and agree about how you are going to go about telling them.

Be Reassuring

You don’t want to alarm the children. You want to make them feel secure and make sure that they know that both of you are there for in the future, as you have been in the past. In some ways, it can be an improvement. Often, during visitation, you are in a position to have quality time, and perhaps do things that you didn’t find time for before.

Keep It Simple

For the first discussion, try to stick to the basic facts. Let them know who will be living where and tell them as much about the visitation schedule as you can. If you haven’t been able to agree on child custody arrangements, you will have to tell them that a judge will be making those decisions, but regardless of the decision, that you both will be there for them, as you always have been.

If you want to discuss this, call Ty Zdravko. Ty Zdravko practices law as a divorce attorney, and family law attorney in Palm Harbor, Clearwater and the surrounding area. For more information, visit our website at www.divorceboardcertified.com
or call (727) 787-5919.

In a divorce case, the court divides the marital assets of the parties involved and issues a divorce decree. In addition, they may award ongoing payments from one party to the other based on one party’s need and the other party’s ability to pay. This is called alimony or spousal support.

If the court decides to award alimony to either party, it can consider all relevant factors, including the following:  1) standard of living the couple enjoyed during the marriage; 2) How long the marriage lasted; 3) Each party’s age and physical condition; 4) Each party’s financial resources, including the distribution of marital and non-marital assets and debts; 5) Each party’s contribution to the marriage, including caring for children, caring for the home, education, and career-building of the other party; 6) The earning potential, education, job skills, and employability of both parties and the time it would take either to obtain education or training that would allow either party to obtain employment; 7) Each party’s responsibility with respect to children; 8) All sources of income available to either party, and 9) Any other factor necessary to achieve equity and justice between the parties.

The classic example is the case where the wife gave up her career to stay home and raise the family, and at the time of the divorce, she has no skills or experience that would allow her to get a job which would produce the kind of income that she is used to.

An experienced divorce attorney can be of great importance since he understands how the court works, and can present the facts in a manner that is more likely to produce a favorable result for his client.

Ty Zdravko practices law as a divorce attorney, and family law attorney in Palm Harbor, Clearwater and the surrounding area.

For more information, visit our website at www.divorceboardcertified.com
or call (727) 787-5919.

You can get a divorce in Florida without an attorney. Should you do that? Probably not. For one thing, divorce is an emotional experience. Your emotions can cloud your judgement, particularly if there is anger or a need for revenge involved. The results of the divorce may be irreversible, and can have serious consequences. Are cost savings that important when discussing the custody of your child?

You can get help from the court when being self represented. Most courts have a self help desk at the clerk’s office.  The  information that is provided by the self help desk is sometimes inaccurate as applied to a particular situation.  You may misinterpret that information. Your case  may get bogged down with motions which you are not prepared to address, while those matters are routine for a practicing attorney.

There are other disadvantages to not having professional help.  If you think about it in terms of using a professional versus the use of someone that is not licensed as an attorney.  Many of us have changed our own oil, but we might be walking if we attempted to rebuild our own engines.  Suffice it to say that an attorney can carefully draft a final order that covers your interests, understands the rules that must be complied both in court and at mediation.  It is far better to be in court with someone who is a fiduciary and is legally bound to look out for your best interests compared with being a self represented individual who is in the dark about the law and the procedures or is getting advice from a clerk who is immune from giving out negligent advice otherwise framed as helping someone fill out paperwork.

If you are a non-professional, you will probably get most of your advice from a non-professional. It goes without saying that this could have unintended consequences.

Why not have a consultation with Ty Zdravco. Ty Zdravko practices law as a divorce attorney, and family law attorney in Palm Harbor, Clearwater and the surrounding area.

For more information, visit our website at www.divorceboardcertified.com
or call (727) 787-5919.