Sarasota Family Law And Criminal Defense Law Blog

Anti-wheelie law makes them illegal in Florida

One of the most interesting tricks you can do on a motorcycle is a wheelie. Wheelies are great for showing off, but did you know that you can get into trouble with the law if you perform a wheelie on the roads?

Since 2008, wheelies have been against the law in Florida. The anti-wheelie law now results in a citation that can cost you up to $1,000 for a first offense. Second offenses have $2,500 fines, while third offenses are felonies and may result in a license revocation for 10 years and a fine of $5,000. The only way to avoid these penalties is to keep both wheels on the ground at all times.

How shared parenting is changing child custody

In 2016, the Florida legislature voted in favor of a bill that would make shared parenting the default in child custody cases. However, the governor vetoed the bill. A number of states are moving toward encouraging shared parenting although legislating it remains somewhat controversial. 

Steps to take when ending a marriage

Statistically speaking, the first full week of January is the time in which a person is most likely to file for divorce. Divorce rates tend to be higher in the period from January through March. August is also a prime month for divorce, according to research analyzing divorce records over a 15-year period in Washington State. Florida residents that are planning on getting divorced may want to start by learning about state divorce laws. 

Advantages Of A Collaborative Settlement

Florida recently passed the Collaborative Law Process Act, which establishes a formal regulation for using the method of collaboration in divorce settlements. Using this process to negotiate a divorce agreement is advantageous because it often takes less time and money than the standard method involving court litigation. Here are some other advantages of pursuing a collaborative divorce.

Straightforward

How Bitcoin can complicate a divorce

Florida residents who have invested in Bitcoin may own a valuable commodity. Therefore, it stands to reason that a spouse may want a portion of its value when it comes time to end a marriage. However, it may not be clear-cut as to how Bitcoin or other cryptocurrency should be divided. For instance, a spouse may claim that he or she is entitled to the value of the currency today.

The other spouse may contend that it should be divided based on what it was worth at the time of purchase. It is also possible that a spouse could offer to make a lump sum payment to waive their rights to future gains the currency may make. In such a scenario, it could be hard to tell until months or years into the future if such a deal is equitable or not.

What to do about the holidays after divorce with children

The holidays may be a difficult time for parents and children in Florida after a divorce. However, it is important for parents to remember that the focus should be on the children and the family, not on the former spouses. Moving back and forth between their parents' households can be tough for children. They may struggle to understand the changes in their lives even though they know their parents still love them.

There are a few things parents can do to make the situation easier on themselves and their children. First, parents who are spending the holiday without their children should consider going to visit family or friends during this time for support.

How to spot and prevent parental alienation

Parents in Florida and elsewhere are ideally looking out for the best interest of their children after a divorce. However, there are times when they try to use their children to punish their former spouses. In some cases of parental alienation, the manipulating parent will convince the child that he or she is the one responsible for acting out against the other parent.

Other signs may include a child asking a parent to not take part in his or her activities. This might be a request to not go to a baseball game or not attend meetings at school. The custodial parent may also make it difficult for the other parent to find out when activities take place. Children who have been coached to not like their other parent may be defiant or otherwise take rude actions against their parents.

Co-parenting truths

When parents divorce in Florida, the whole family is deeply affected. This is true even if the divorce is the best possible outcome, such as in cases where abuse or addiction are significant factors. While the adults are often trying to process legitimate grief, hurt and trauma, the reality is that the children are the most important priority at this time.

Divorce is always distressing for children. Not only are their parents living apart, but children are also expected to negotiate the complexities of living in two separate homes. For example, parents who have joint physical custody should be aware that it can be difficult for children to manage their belongings if they are constantly moving between two households. In addition, many children are well aware of their parents' emotional states, and they are often affected by months, if not years, of household tension.

How debt can live on after divorce

Throughout Florida and the rest of the country, a lot of couples have considerable debt. This may include credit cards, car loans, mortgages and student loans. If a couple decides to divorce, this debt will need to be divided along with any marital assets. Therefore, it's important to divide everything properly to avoid being held responsible for an ex-spouse's debt.

In most states, including Florida, each spouse is responsible for paying back the debts they incurred before tying the knot. Once the marriage certificate is signed, spouses are generally individually responsible for debts they sign for in their own name and jointly responsible for debts they acquire in both their names. However, community property states hold both spouses liable for all the debts they obtain while married.

Tips for separating finances in a divorce

One task that people in Florida who are getting a divorce must take on is separating their credit. This helps protect each of them and also allows each person to begin building an individual credit record.

People should close joint accounts and remove one another as an authorized user on any credit accounts. If the latter is not done, then one spouse could run up charges that the other spouse is responsible for. If there are debts, each person should make sure to not pay more than a fair share. If the debts were acquired jointly, they may also be distributed in this way after the divorce. One exception is that a person might make a payment if the other spouse is not going to pay and it will affect a person's credit rating.

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