The intersection of family law and estate planning, particularly involving wills and trusts, can be quite significant and complex. Both areas of law deal with matters that affect individuals and their families, but they focus on different aspects of a person’s life and assets. Here’s an overview of how these two areas intersect:

1. Marital Property and Inheritance: Family law often governs the distribution of marital property during divorce or separation. When couples divorce, they may need to divide their assets, including those acquired during the marriage. However, estate planning, specifically through wills and trusts, allows individuals to designate how their separate and marital assets will be distributed upon their death, regardless of marital status.
2. Spousal Rights: Family law addresses the rights and obligations of spouses during their lifetime, including matters like spousal support, maintenance, and property division upon divorce. Estate planning, on the other hand, involves ensuring that a surviving spouse’s financial needs are taken care of after the death of one spouse through mechanisms such as trusts or life insurance.
3. Inheritance for Children: In the context of divorce or separation, family law often addresses child custody, support, and visitation rights. Estate planning can ensure that minor children are provided for through the creation of testamentary trusts established in a will, which can protect and manage assets on behalf of the children until they reach a certain age or milestone.
4. Blended Families: In cases where individuals with children from previous relationships remarry, both family law and estate planning become complex. Family law might involve prenuptial or postnuptial agreements to clarify how assets will be divided in the event of divorce or death. Estate planning can ensure that both the new spouse and children from previous relationships are provided for in the distribution of assets, often requiring careful consideration and drafting of wills and trusts.
5. Protecting Assets: Family law disputes, such as contentious divorces or disputes over child custody, can impact an individual’s financial situation. Effective estate planning, including creating trusts, can help shield assets from potential claims, creditors, or unfavorable family law outcomes.
6. Healthcare Decision-Making: Both family law and estate planning address matters related to decision-making in times of incapacity. In some cases, family law matters like divorce can result in disputes over who has the right to make healthcare decisions for a spouse. Estate planning documents like a durable power of attorney for healthcare and living wills can clarify these issues.
7. Guardianship: If parents of minor children pass away, family law determines guardianship arrangements. However, through estate planning, parents can nominate preferred guardians for their children in their wills, and the court typically considers these nominations when making guardianship decisions.
8. Beneficiary Designations: Some assets, like life insurance policies, retirement accounts, and payable-on-death (POD) accounts, pass directly to named beneficiaries upon the owner’s death. These beneficiary designations often take precedence over the provisions of a will, so they need to be aligned with both family law considerations (e.g., spousal rights) and estate planning goals.

Given the complexity of these interactions, it’s advisable to consult with legal professionals experienced in both family law and estate planning to ensure that your intentions are properly documented and that your assets are protected in accordance with your wishes and the applicable laws.

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.

Then answer to this question is no. When a child is adopted, it’s a permanent decision that involves the termination of the formal legal parent’s  parental rights and responsibilities — and, therefore, any obligation they have to pay child support. Whether you  adopt a  child as an infant or when they’re older, if you give consent to have your parental rights terminated, you will not have any legal parental obligations to them.

We you are considering adoption, you should keep this in mind. If you are financially secure, perhaps this is not an issue for you. But if things are a little tight, you may want to hold off for a while. Any adoptive family must be financially prepared to complete the adoption process and raise your child in a financially stable and supportive home.

When an infant is placed for adoption with an adoptive family, both the birth mother and father’s parental rights are terminated. That means, once you sign your consent to the adoption, you will have no rights or responsibilities to your baby, including any obligation to pay child support.

If you have questions about your legal rights during the adoption process and what will be expected of you after the adoption is complete, you can always come in to see us. We can explain what the adoption process is like and what is legally required of you, whether you’re a prospective birth mother or father.

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.

The Difference Between Child Custody And A Parent Plan

The major difference is that child custody determines which parent will take care of the child for a majority of the time. The parenting plan determines when and where the other parent will spend time with the child.

Who gets custody most of the time?

The mother – In 51% of child custody cases, both parents agree for the mother to be the custodial parent. In just over half of child-custody battles, parents come to a mutual agreement for the mother to be awarded primary custody of the child.

What is the best co parenting schedule?

50/50 Custody & Visitation Schedules

50/50 schedules can benefit a child because the child spends substantial time living with both parents. This allows him or her to build a close relationship with both parents, and to feel cared for by both parents. 50/50 schedules work best when: The parents live fairly close to each other, so exchanges are easier.

Is visitation the same as time-sharing?

The time-sharing schedule is the part of your parenting plan that explains when children live and spend time with each parent. In some states, it’s sometimes called a visitation schedule.

What type of custody is most common?

Joint custody is the most common type of child custody arrangement. But there are different types of joint custody. And in some cases, sole custody may be the best solution.

What is the number one rule of parenting?

The main thing you can do is apply The Golden Rule of Parenting. Always be the kind of person you want your kids to be. So, if you want your kids to be respectful, considerate, and honest, you have to be respectful, considerate, and honest. And, then you may expect that behavior from your kids.

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.

Divorcing couples are generally encouraged to explore settlements out of court where issues such as child support, alimony, asset division, and timesharing or parenting can be resolved amicably with the help of attorneys. But in high conflict situations when parties are unable to agree on issues arising from a divorce, the unresolved issues must undergo litigation where a court shall make a decision based on evidence.

Evidence may include financial documents, photos and videos, eyewitness testimony, and similar documents, admissible evidence must be relevant to your divorce. For example, your spouse’s bank statements from high school would be admissible but irrelevant; a court would not consider them. Hearsay is inadmissible in court.

Social media postings are admissible. Parties in a divorce should be extremely careful what they post on social media during this process.

Discovery

If your divorce proceedings require evidence, you’ll need to go through discovery. Discovery is a legal fact-finding process in litigation. During discovery, your lawyer will turn over the evidence they’ve collected to your spouse’s lawyer, and vice versa.

During discovery, your lawyer will not disclose any confidential information or conversations they’ve had with you. The discovery process is intended to put both parties on a level playing field with all evidence on the table. Discovery helps your lawyer prepare for the evidence your spouse may try to use against you.

If you are considering getting a divorce, come in and see 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 you have been married a short time, and you realize that this was a mistake.  What do you do about it. Should you get an annulment or a divorce? What’s the difference? An annulment voids the marriage, and it will be as if the marriage never occurred. On the other hand, a divorce ends/ dissolves the marriage. Therefore, there may need to be property division in a divorce.

Obviously, you probably prefer an annulment. However, not so fast! In Florida it may not be as easy as you think. You have to have one of the following 3 factors:

1. There must have been some kind of fraud involved.
2. One or both spouses lacked mental competency to enter the marriage because of mental incompetency
3. The marriage was not consummated.

If you have spent a night together after the wedding, it is going to be difficult to convince the court that the marriage was not consummated. The court is probably going to suume that it was. Annulments are difficult, but not impossible, to get in Florida. In most cases, you should probably start to think about a divorce.

While annulment way not be possible, an uncontested divorce is your next best option. If you had only been together a short time, it’s not likely that there were big changes in your life. If no one is pregnant and no one won the lottery, you would think that you should be able to agree on an uncontested divorce. Each person takes out of the marriage what they brought into the marriage. Let’s pretend that it never happened.

No is the time to turn on the charm and your persuasive powers. If you can negotiate the terms of the divorce before the lawyers are involved, you are going to save a boat load of money and problems. It is time to forgive and forget.

If you would like to discuss your situation, 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.

You may suspect that your spouse is hiding money. What is the consequence if they are?

If your spouse lies about any assets, they may be charged with perjury. It can lead to a misdemeanor charge, fines, and imprisonment. Your spouse may also be charged if they attempt to intentionally mislead the court while trying to hide assets.

However, it is not as easy as you think to catch them or prove it. First of all, see if you can find out about any credit card debt that you spouse has incurred. If there has been a lot of new debt incurred about the time that it was decided to get divorced, you need to give this information to your attorney.

Keep track of all assets, liabilities, and money flow from the beginning of your marriage. You should look for signs of a change in your finances. Look for sudden decreases in income, missing bank statements, or a sudden change in behavior. Watch the incoming mail. Is there a bank statement for an account that you didn’t know about?

What happens when a spouse hides money during a divorce?

Because each party is required to divulge all assets, hiding assets during a divorce amounts to contempt of court. A judge may issue sanctions and require the spouse who is found to have hidden assets to pay the other’s legal fees. The judge can even grant higher alimony payments.

There are a lot of ways to hide cash from a spouse, and these are probably not illegal.
Don’t Disclose New Income to Spouse.
Get Cash Back Each Time You Check Out.
Safety Deposit Box.
Paying off a Loan From Family.
Buy New Possessions.
File Taxes Separately and Overpay.
Gather Prepaid giftcards.
Not Disclose Cash Income

If you suspect that your spouse has been stashing cash and you want to pursue it, you can hire a forensic accountant. Your attorney had help you with that. However, this often proves to be more expensive than it’s worth. You should talk this over 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.

If you file for a divorce, the first thing that happens if there they are children involved, is that the court issues temporary orders. You probably didn’t see that coming. Because a divorce may drag out for months and years, the court wants to make sure that any minor children are taken care of.

The court may find that the wage producing spouse continue to provide the same level of support that they were providing during the marriage. That means that you may have to pay the mortgage payment, the electricity, the cable bill and the groceries for the household. If you have left the family residence, you may find that you may have to live sparsely during that period.

Very basic temporary restraining orders can be ordered whenever a party files for divorce or some other type of family law proceeding. Typically these automatic temporary orders prevent parties from tampering with assets, altering insurance coverage, and changing the children’s residence.

If a set of temporary orders worked for all family members, then the court might choose to turn the temporary order into a permanent or final order to finalize the divorce. If the temporary orders are not acceptable for both parties, there will have to be a temporary orders hearing, where the court hears testimony and rules whether to modify the temporary orders or not.

If you are contemplating a divorce, you should have a meeting with Ty Zravdko so he can let you know what to expect.

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.

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.