Things change. Circumstances change. If after a certain amount of time has passes since your divorce you find that your situation has changed to the point that modification of orders makes sense, you can apply for a modification of orders.

Often orders which may have been previously entered by the Court will have to be modified over the years to deal with the changing circumstances of the family. If they do, a stipulation (agreement) may be drafted, signed by the parties, and submitted to the Court to effect the modification.

If you disagree with the decision reached after your trial, you can file an “appeal.” An “appeal” is a request to have a higher court change or reverse a judgment of a lower court.

When you appeal, the entire case is reviewed by a higher court. The appeals court will look at the evidence that was presented to the trial court to decide whether some legal error was made. An appeal doesn’t allow you to re-do your trial. You won’t be able to submit new evidence. The appeals judge will only look at what you submitted to the trial judge. Depending on what the appeals court decides, it can set aside, confirm, or modify the trial court’s judgment and could even order a new trial.

Obviously this process can be expensive and extensive. Before you launch into something like this, you should have a discussion with a qualified 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.

This is one of the most difficult decisions you will ever make. And a part that makes it even more difficult is the once you puller the trigger, you probably can’t go back. You probably can’t get the Jeanie back in the bottle. Shall we stay together for the kids? While this is not one I’m a big fan of, it is not one you can dismiss easily. Are you staying together for financial reasons. While you will probably be happier outside of a difficult situation even with less money, it may be that you are concerned that you can’t support yourself on your own. There are some things to consider when making this decision.

Have You Talked It Over?

While this may seem like a silly question, perhaps you didn’t express your fears in a way that was understood by your spouse.

Can This Be Fixed?

Is it possible that you can work in a spirit of cooperation to work on the issues? Of course you will both have to work on it. You can make changes yourself, but you can’t change the other person. If you believe that nothing will change no matter how much work you put in, then it’s fair to weigh divorce as an option.

Would You Be Happier After a Divorce?

You may have forgotten, but being alone is lonesome and no bed of roses either. This is a question that you find difficult to answer, but your answer should be clear to you before you pull the trigger.

Are You Ready For What Is Coming?

Divorce is a terrible nasty ordeal.  In addition, divorce can change your financial situation. Are you prepared for these difficult aspects of the process?

One way to help you determine your best option is to speak with an attorney who has helped others with divorce and can guide you on what your next step should be. 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 recent Florida divorce case, one of the parties was requesting alimony from the other. Testimony revealed that the couple had lived together for several years before the marriage. The question was raised as to whether living together was relevant to the alimony issue.

The court case was Taylor v. Davis, 1D20-561 (Fla. 1st DCA July 15, 2021).

Florida law is clear that legal rights and duties arise from marriage, not cohabitation or romance. Because there were no exceptional circumstances supporting permanent alimony for a short-term marriage.

Because same sex marriage has only been legal for a relatively short time, it is a common situation that same sex couples may have lived together for a long time but have only been married for a short time. Because of these circumstances, it is a good idea for same sex couples to consider a prenuptial agreement to protect themselves, all thing considered.

If you are considering a marriage or a divorce, you should have a consultation with 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.

Owning a business brings an additional challenge to getting a divorce. You have 3 options.

You could continue to run the business as co-owners. This probably doesn’t sound good to most people. If the relations are strained between you and your ex, working together might be a less than ideal way to live your life.

You could sell the business. This is probably not the choice that most people want because your business might be something that is really important to you – your baby. Who wants to sell something you are very fond of.

You could buy your spouse out. This is the ideal choice if there are adequate resources to make this happen. It may be the you get the business and the spouse gets everything else.

Then there is the problem of establishing a value. Your spouse is going to take the position that the business is extremely valuable, while you may have a more realistic view of it’s current value. You will probably have to hire someone to place a value on the business, that that is likely  to be someone’s opinion can be somewhat subjective.  One needs to be careful that you don’t give up your share of the assets in order to hold onto a business that may not survive or be sustainable. Unfortunately business owners sometimes have an unrealistic expectation for the rosy future of the business.

Perhaps you should make an appointment with 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.

When you think of domestic violence you usually assume that the woman is the victim. What if the man is the victim. The man is the victim 10 percent of the time, according to National Domestic Violence Hotline. Male victims have the same rights and resources as female victims.

Violence and abuse can come in many different forms. It have have a very negative effect on the victim. Even verbal abuse can take its toll. The victim may not be able to recover until they are removed from the situation. It may not be easy to get out from under an abusive wife. There are a number of things that can drag you back into the situation.

You need to have a plan and some good advice. You should meet with a divorce attorney and have them help you with a plan. It is not a good idea to share your plan with your abusive spouse. If you do they are likely to use the information to manipulate the situation.

The first step is to open a separate bank account and start handling your money separately. The goal is not to hide money or try to avoid full disclosure. Your attorney will tell you the steps that you can take without violating any divorce laws or principals.

If there are children involved, that makes things even more complicated. You need to determine if your abusive wife is a risk to the children. Once you have moved out of the family home, you should avoid communicating with your ex spouse directly if possible. You can communicate through your 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.

Divorce is full of complications. Here’s one you may not have thought of. You may have coverage together, and you may have to find new insurance separately. And the separate coverage for the two of you is probably going to be more expensive than the shared coverage.

Spouses commonly maintain health insurance coverage on one or the other’s employer plans, typically choosing the option that makes the most sense for their personal medical needs.

If you are the health insurance policyholder, it is important to remind your spouse that they going to have to either find a new policy, which can include single-person coverage through:

. Employee policies available through their work
. Private insurance coverage
. Federal COBRA coverage, which allows their ex-spouse’s insurance coverage to remain intact at a direct cost for up to 36 months

If you have children, their coverage will be determined as part of the child custody and child support measures within the divorce decision.

Car, Homeowner, or Rental Insurance
If you are the spouse who is moving away from the shared home during the divorce proceedings, it is important to update your records with your car insurance company, so you are covered in the event of property damage while living at your new place.

If you have teenage or young adult children who are insured under your car insurance policy, talk to the insurance company about whose policy will offer the better coverage going forward, based on where the child spends the most time. S/he may need to be to be listed on both policies.

Likewise, homeowner’s or renter’s insurance is a necessary part of life. If you and your spouse are divorcing, the person who moves is going to need a separate policy for the car and the new home — even if the space is a temporary living arrangement.

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.

One of the most troubling part of a divorce is the child custody arrangements. Usually the judge asks that the parties work out a custody arrangement through mediation, and if that fails, the arrangements are set by the court. Bu what can you do when the other party doesn’t live up to the arrangements?

The best way to determine if there has been a violation of your parenting plan agreement is to talk with our experienced family law attorney  to understand whether a well-defined legal violation has occurred.

Violations can occur when one parent:

. Extends their time-sharing hours beyond the agreement and without permission from the other parent
. Threatens that they will not return the child at all
. Refuses to pay their share of expenses, even though all documentation/receipts have been submitted
. Allows the children to spend time with parties who have been prohibited by the court from visiting them
. Divulges negative information/comments about the other parent regularly
. Exposes the children to dangerous or immoral situations

After speaking with our accomplished  family law attorney, we will outline the process of seeking enforcement of the court-ordered parenting plan, so you know exactly what to expect when we take your case before a judge.

We will establish the evidentiary requirements necessary to establish contempt, and seek the immediate enforcement of your parenting plan, so you can ensure your children’s safety and success remains paramount in their upbringing — no matter where they are spending time.

If you believe your ex-spouse or ex-partner has violated the Florida parenting plan agreement you have in place, contact our office.

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.

Splitting a pension with your ex spouse may not be something you thought about when you got married, but it is a definite reality. A pension is a marital asset, and that portion of the pension that was accrued during the time that you were married generally needs to be split with your ex spouse.

A pension earned by one spouse is usually considered a joint asset, as are other retirement accounts, such as 401(k)s, 403(b)s and IRAs, though state laws govern the latter. Usually, whatever is earned prior to the marriage remains individual property, while what is earned during the marriage is considered a joint asset.

However, the divisions of pensions in a divorce isn’t always a cut-and-dry situation. For one, unless you are actively receiving a pension (and thus know the exact details of the payment amount and frequency), it can be difficult to pin down its exact value.

Additionally, while a pension is usually considered a joint marital asset, that doesn’t mean it’s always split 50/50. The exact amount varies according to each state’s law and how much of the pension was earned during the marriage. But it’s important to remember that if you and your spouse signed a prenuptial agreement protecting your pension plan, your pension remains yours.

If you have a military or government pension, these are governed by their own specific set of rules and may not be subjected to the same rules when splitting your assets in a divorce.

If you are going to get a divorce, this is one of the items that you will need to discuss with your 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.

How much does it cost to get a divorce? It’s king of like, how much does it cost to build a

Stressed young woman checking bills, taxes, bank account balance and calculating expenses in the living room at home

house. It depends. The amount of time that an attorney has to invest in a case depends on a lot of factors. The more time we have to invest, obviously the more we have to charge. Some of the things that make a divorce more time consuming are discussed below.

Disagreements over children. This is one of the most common arguments former couples have during a divorce. Divorcing spouses may disagree over the terms of child support payments or time-sharing. Battles over child custody are extremely common during a contested divorce involving children. As a result, there may be a need for more court proceedings or mediation to work through the disagreements.

Disagreements over alimony. One spouse may have to pay the other spouse alimony, also called spousal support. Like other disagreements during a divorce, disputes over the amount of alimony can necessitate legal proceedings or mediation.

Complex finances are involved. Some divorcing spouses may have incredibly complex finances, such as assets in multiple states or multiple properties. The more complicated your assets, the longer it might take to resolve a divorce. Additionally, divorce can take longer when one spouse is hiding assets or refusing to turn over important financial documents.

On purpose. Divorces can be an extremely emotional process. It is not uncommon for former spouses to lash out at each other financially or professionally. In some cases, one spouse may purposefully delay the time it takes to complete a divorce to hurt the other spouse.

These are only a few common reasons why it may take longer to complete a divorce. Divorce cases involving financial disputes or children may take longer to complete due to the circumstances. Spouses without children, disagreements or complicated finances are more likely to complete their divorce cases faster.

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.

If you are about to go through a divorce, taxes are probably the last thing on your mind.

Stressed young woman checking bills, taxes, bank account balance and calculating expenses in the living room at home

But it is something that you need to address.Divorce can be financially devastating enough without paying unnecessary taxes.

Transferring Assets as a result of the settlement
Transferring assets between spouses during a divorce often carries no tax consequences for either party. However, depending on the basis that is invested in certain assets, there could be hidden tax consequences associated with selling that asset. Some assets that may have hidden tax consequences include investment holdings, real estate, and business interests. The tax consequences associated with these assets may end up reducing the value of the assets that appear to be worth more.

Who gets the tax deduction for the children?
The IRS states that a parent who is primarily in charge of parenting a child has the right to claim that child as a dependent on his or her tax return. There is one exception to this rule, however, which is when the child’s custodial parent allocates dependency of the child to the non-custodial parent in a written document. The distribution of these exemptions and any corresponding value needs to be addressed in the divorce decree, and the value should be considered in the overall value of income between the spouses.Individuals are not able to file their taxes jointly for the year they get divorced. If the divorce occurs at the end of the year, it is important for both individuals to adjust their withholdings to account for the change in their filing status. If the divorce occurs earlier in the year, however, there may be no large impact on how the individuals file their taxes. The change in filing status should be considered part of the overall resolution of the divorce.

Are Alimony Payments Deductible

They used to be, but they aren’t anymore. Alimony or separate maintenance payments are not deductible from the income of the payer spouse, or includable in the income of the receiving spouse, if made under a divorce or separation agreement executed after Dec. 31, 2018.

Taking these considerations into account can help divorcing couples minimize the potential pitfalls they may face when filing their taxes. Additionally, both parties should discuss it with their divorce lawyers as well as their financial advisors regarding which tax implications may or may not apply to them.

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.