July 6, 2023
Divorce is an emotionally challenging and complex process that requires the expertise of a skilled divorce lawyer. As you navigate the world of family law, your attorney will need to gather information about your situation to best represent your interests.
To help you prepare for your initial consultation and better understand what to expect, here are the top 5 crucial questions a divorce lawyer will likely ask you during your first meeting.
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What is the Reason for the Divorce
While many states now have no-fault divorce laws, meaning you don’t need to prove any wrongdoing on the part of your spouse, it’s still essential for your divorce lawyer to understand the circumstances surrounding your separation. This can help them develop a strategy that best suits your needs and goals. Some common reasons for divorce include infidelity, financial issues, abuse, and irreconcilable differences. Be prepared to discuss the specific factors that led to the decision to end your marriage.
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Do You Have Children, and What Are Your Custody Goals
One of the most critical aspects of family law is determining custody arrangements for any children involved. Your divorce lawyer will need to know the number of children you have, their ages, and any special needs they may have. It’s also essential to discuss your goals for custody, such as whether you want sole custody, joint custody, or a different arrangement.
Keep in mind that the court will always prioritize the best interests of the children when making custody decisions, so it’s essential to be honest and realistic about your expectations. Your lawyer can help guide you through the process and advocate for an outcome that benefits both you and your children.
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What Assets and Debts Need to Be Divided
In a divorce, the division of assets and debts is often a contentious issue. Your lawyer will need to know about all your marital assets, including property, bank accounts, investments, retirement accounts, and personal belongings. It’s also crucial to disclose any debts you and your spouse have, such as mortgages, credit card debt, and loans.
Both assets and debts will need to be divided equitably, which doesn’t always mean a 50/50 split. Factors such as the length of the marriage, each spouse’s income, and the need for financial support can influence the division of assets and debts. Be prepared to provide documentation of your financial situation to help your lawyer build a strong case for a fair distribution of assets and liabilities.
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Are You Seeking Spousal Support or Alimony
Spousal support, also known as alimony, is financial assistance paid by one spouse to the other during or after a divorce. It’s designed to help the lower-earning spouse maintain a reasonable standard of living and transition to being financially independent. Your divorce lawyer will want to know if you’re seeking spousal support and, if so, what amount and duration you believe is appropriate.
Factors that can influence spousal support decisions include the length of the marriage, the earning capacity of each spouse, and the marital standard of living. Your lawyer can help you determine if spousal support is warranted in your case and advocate for a fair outcome.
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Do You Have Any Concerns About Your Safety or the Safety of Your Children
If you or your children are at risk of harm from your spouse, it’s crucial to inform your divorce lawyer immediately. They can help you take the necessary steps to protect yourself and your children, such as obtaining a restraining order or seeking an emergency custody order. Your safety and well-being are of the utmost importance, so don’t hesitate to disclose any concerns you may have.
Conclusion
Facing a divorce can be overwhelming, but having a knowledgeable and experienced divorce lawyer on your side can make the process more manageable. By preparing for these crucial questions, you’ll be better equipped to work with your attorney to achieve the best possible outcome for your situation. Remember, honesty and open communication with your divorce lawyer is key to building a strong case and protecting your interests.
Looking for a trustworthy divorce lawyer? Then look no further than Dorsey Law JAX. Our divorce lawyers are well-versed in all aspects of divorce and are dedicated to providing them with the highest level of legal representation. Let us guide you through this challenging time. Contact us today to schedule an appointment!
July 6, 2023
When a child’s parents cannot care for them, it can be difficult and painful for everyone involved. In Florida, there are two primary legal options for providing care for children in these situations: custody by extended family members and guardianship. Both options have unique benefits and drawbacks, and it’s essential to understand their differences before making any decisions.
Custody by Extended Family Members
Custody by extended family members is a legal option in Florida that allows a relative of the child to take over care and custody of the child. This can be a grandparent, aunt, uncle, or other close family member.
Moreover, custody by extended family members is typically used when the child’s parents are still alive but cannot provide adequate care for the child due to issues such as substance abuse, mental illness, or incarceration.
To obtain custody by extended family members, the relative must petition the court to demonstrate that they can provide the child with a safe and stable home. The court will consider several factors when determining custody, including the child’s best interests.
One of the primary benefits of custody by extended family members is that it allows the child to remain within their extended family network, which can help to minimize disruption and trauma for the child.
Additionally, custody by extended family members typically results in less involvement from the state than guardianship, which can benefit families who wish to maintain more control over the child’s care.
However, custody by extended family members does have some drawbacks. For one, it does not provide the same level of legal authority as guardianship. Custody by extended family members only grants the relative the right to make decisions regarding the child’s care and custody. Still, it does not allow them to make decisions regarding the child’s education, medical care, or other vital matters.
Custody by Guardianship
Guardianship is another legal option for providing care for children in Florida. Guardianship is typically used when the child’s parents are deceased or cannot provide adequate care due to substance abuse, mental illness, or incarceration.
To obtain guardianship, the potential guardian must submit a petition to the court, demonstrating that they can offer the child a secure and stable home. When determining guardianship, the court will consider several factors, including the child’s welfare.
One of the primary benefits of guardianship is that it provides the guardian with a greater level of legal authority than custody by extended family members. A guardian can make decisions regarding the child’s care, custody, education, medical care, and other essential matters. This can be particularly important when the child requires specialized medical care or educational services.
However, guardianship also has some drawbacks. One potential drawback is that it can be a more involved and complex legal process than custody by extended family members. Guardianship typically requires more court involvement, and the guardian may be required to submit regular reports to the court regarding the child’s well-being.
Additionally, guardianship may result in more involvement from the state than custody by extended family members. This can be a benefit in some situations, as the state may be able to provide additional resources and support for the child. However, it can also be a drawback for families who wish to maintain more control over their child’s care.
Which Option Is Right for You?
Deciding between custody by extended family members and guardianship can be difficult. Ultimately, the decision will depend on the specific circumstances of your situation and what is in the child’s best interests.
If the child’s parents are still alive and you wish to maintain more control over the child’s care, custody by extended family members may be the best option. This can allow the child to remain within their extended family network and result in less involvement from the state.
Guardianship may be the best option if the child’s parents are deceased or unable to provide adequate care. This can give the guardian greater legal authority and can be particularly important when the child requires specialized medical care or educational services.
It’s important to remember that custody by extended family members and guardianship are legal options that provide children with a safe and stable home. By working with an experienced family law attorney, you can determine which option is best for your situation and ensure that the child’s best interests are protected.
Conclusion
Family law custody in Florida is a complex process, and ensuring you have suitable representation to protect your rights and secure the best possible outcome for you and your children is crucial. Hiring a family lawyer can help you understand your options and navigate the legal process safely and effectively. Ultimately, hiring a family lawyer can provide peace of mind, knowing that your case is in the hands of an experienced professional.
Dorsey Law JAX has a team of experienced family lawyers in Jacksonville who guide you through the process and protect you and your children’s interests. Our attorneys specialize in family law, criminal law, and personal injury, and we are equipped to handle any challenges that may arise during custody. Contact us now to schedule a consultation and take the first step toward a positive outcome for you and your family.
June 1, 2023
Taxes can be a confusing and overwhelming topic for many, especially when understanding the rules for claiming dependents. One common question that arises for parents in Florida is whether they can claim a child on their taxes if the child does not live with them. In this blog, we will provide a comprehensive overview of the Internal Revenue Service (IRS) rules for claiming dependents, the qualifications for a child to be considered a dependent, the potential tax benefits of claiming a dependent, and how a family lawyer can help navigate this complex process.
Who Is a Qualifying Child?
A qualifying child is a dependent who meets specific criteria set by the IRS. To be considered a qualifying child, the child must:
- Be related to you (either your child, stepchild, foster child, sibling, or a descendant of any of these)
- Be under the age of 19 at the end of the tax year (or under 24 if a full-time student)
- Live with you for more than half the year
- Not provide more than half of their own support
- Not file a joint tax return (except to claim a refund)
However, these rules have certain exceptions, particularly in cases of divorce or legal separation. The IRS allows a noncustodial parent to claim a child as a dependent if the parent signs a written declaration (IRS Form 8332) agreeing not to claim the child as a dependent for that tax year.
What Are the Tax Benefits of Claiming a Dependent?
Claiming a dependent on your taxes can provide several tax benefits, including:
1. Exemptions
For tax years before 2018, you can claim an exemption for each qualifying child, which reduces your taxable income. However, this exemption has been suspended for tax years 2018-2025 due to the Tax Cuts and Jobs Act.
2. Head of Household filing status
If you are unmarried and support a qualifying child, you may be eligible to file your taxes using the Head of Household filing status, typically resulting in a lower tax rate and a higher standard deduction.
3. Earned Income Tax Credit
If you have a qualifying child and meet certain income requirements, you may be eligible for the Earned Income Tax Credit. This refundable tax credit can significantly reduce your tax liability.
How Can a Family Lawyer Help?
Navigating the complex rules and regulations surrounding claiming dependents on your taxes can be daunting. A family lawyer with experience in tax law can provide valuable guidance and support throughout this process. They can help you:
- Understand the IRS rules for claiming dependents and how they apply to your situation.
- Determine whether your child qualifies as a dependent and if you are eligible for any tax benefits.
- Assist with preparing and submitting any necessary forms to ensure you comply with IRS requirements.
- Provide legal advice and representation in a dispute or disagreement with the custodial parent regarding claiming the child as a dependent.
- Ensure you maximize your tax benefits while adhering to all applicable tax laws.
Conclusion
Claiming a child as a dependent on your taxes in Florida when the child does not live with you can be a complicated process, but it is possible under certain circumstances. Understanding the IRS rules for qualifying children and the potential tax benefits can help you make informed decisions about your tax filing. A knowledgeable family lawyer can provide invaluable assistance in navigating these complex regulations and ensuring you comply with all requirements.
If you are facing any family law issues, don’t hesitate to contact us at Dorsey Law JAX. Our experienced family lawyers can provide you with guidance and representation in all aspects of family law, from injunctions against domestic violence to divorce and post-judgment modifications of support and custody.
