February 11, 2022
You may have given up on the idea of signing a prenuptial agreement because of what you have read or heard. Probably, you think that prenuptial agreements exist to safeguard the “richer” spouse from losing their assets in the unfortunate event of a divorce.
However, prenups are equally effective in helping you and your spouse build trust and open lines of communication. Let us examine facts about prenups more closely in this article.
Understanding Prenup
A prenup is a legal agreement between you and your spouse before you marry. It explains exactly what happens to your assets and money if you separate.
Prenups Are Customizable
You have the option of including as many or as few issues as you like. If matters such as inheritance and spousal support bother you, remember that only what you want it to cover can be included in your prenup.
Prenups Are Not Exclusive to the Rich
It does not matter how much money you have in the bank. Talking about how you will handle joint and solo finances in advance helps guarantee no surprises once you are married.
Preparing a prenup implies putting money and time into your marriage and finances. A prenuptial agreement will clearly outline how to distribute this fresh influx of wealth when your income grows or your financial condition changes.
More importantly, prenups help alleviate the heartache of divorce if things do not work out. The agreement defines who pays educational loans if you have debt from school or expect to accumulate educational debt while married.
Although discussing these topics before getting married can be awkward, it is critical to think through all situations now rather than later, when you are still in love and reasonable. If you do not come from a wealthy family, a prenup can benefit you by safeguarding your assets.
Prenups Can Be Romantic
By developing closeness and trust between spouses, a professionally drafted prenuptial agreement may solidify your partnership. Prenups encourage communication and empathy by forcing you to have crucial conversations and ensuring you manage your money the way you both want throughout and after your marriage.
The misconception that prenups entail a lack of trust or confidence in the relationship’s long-term viability is one of the most common misunderstandings. It prevents couples from planning a healthy marriage. As a result, when couples are newly engaged, they frequently postpone having important financial conversations.
It is worth noting that a prenuptial agreement is as effective in establishing transparency as ensuring your safety in the event of a breakup. When there is a quarrel after a marriage, assets are a common concern.
A prenup covers unanticipated changes, makes key discussions easier, and guarantees to manage your funds properly before and after your marriage.
Prenups Can Be Used to Set Spouse Roles
A prenup can define both parties’ financial obligations and responsibilities during the marriage. There will be less disagreement about how one spouse spends their money, and each partner will have the financial freedom to spend some of their own as they see fit during the marriage.
Prenups Protect Both Parties
By definition, modern prenuptial agreements must protect both couples. Prenups that are unjust and one-sided may not stand up in court. The agreement must be fair, signed by both parties, and indicative of each individual’s honesty to be legally enforceable.
Conclusion
It is time to talk to your spouse now that you have learned what a prenup is and what it is not. You have a fantastic opportunity to build a marriage built on clarity, love, and trust in exploring the possibility of a prenup.
If you need a family law attorney in Jacksonville, FL, turn to Dorsey Law JAX. We take pride in having top attorneys specializing in family law, criminal law, and personal injury. Give us a call now!
February 3, 2022
Custody battles happen all the time. Usually, they are between two parents wanting full custody, joint custody, or at least visitation rights to their child. But grandparents can fight for custody rights as well. If you’re a grandparent seeking custody or visitation rights to your grandchild, here’s what you need to know.
Child Custody in Florida
Under Florida’s “Best Interests of the Child” statute (Florida Statute 61.13), the court looks at the child’s best interest in all decisions involving custody. Whether or not it’s a parent or a grandparent, who gets custody depends on the circumstances of every case.
Who Is Entitled to Child Custody?
The court has the following options when awarding custody:
- The child has one parent. The court may award custody to the child’s parent.
- The child has two parents, but one parent has died or is not involved in the child’s life. The court may award custody to the child’s parent.
- The child has one parent and one grandparent. The court may award custody to the child’s parent or the grandparent.
- The child has two parents and no grandparents. The court may award custody to the child’s parents.
- The child has one parent and one grandparent, and one parent is deceased. The court may award custody to the grandparent or the parent who is alive.
- The child has two parents, but the children are in the custody of the Department of Children and Family Services (DCF). The court may award custody to the child’s parents, or a relative or non-relative.
- The child is in the custody of DCF and has no parents, but has a grandparent. The court can award custody to the grandparent or a relative or nonrelative.
The court has other options not described above. For example, the court may award custody to a stepparent, a close relative, or a nonrelative.
When Is Grandparent Custody Granted?
Grandparent custody is relatively rare in Florida. This is because grandparents usually do not have a close relationship with the child. But a close relationship can be established, especially when a child is in need of stability. When the child’s parents are not able to provide stability, a court may award custody to a grandparent.
What Are a Grandparent’s Rights to Their Grandchild?
In Florida, grandparents have the following rights to their grandchildren:
Visitation: A grandparent can ask the court for visitation rights to their grandchildren. The court may award visitation for any reason. In other words, the court does not have to believe the grandparent’s allegations that the parent is unfit. But if the court finds the allegations of unfitness true, the court may limit the visitation of the unfaithful parent.
Child Support: A grandparent can ask the court to order the parent to make periodic child support payments to the grandparent.
Custody: A grandparent can ask the court to order the parent to turn over the care, custody, and control of a child to the grandparent.
Final Thoughts
In Florida, grandparent custody is not common. But it does happen in some situations. If you’re a grandparent seeking custody, you should talk to a Florida family law attorney. Misunderstandings and arguments can easily occur. You want to be sure you make your case effectively.
Enforce your grandparents’ rights with the help of Dorsey Law JAX. The Dorsey Firm has been representing clients in grandparents’ rights cases for over 35 years and is committed to providing competent and aggressive representation for our clients. Get in touch with us today!
January 21, 2022
If you are considering getting a divorce in Jacksonville or any other part of Florida, consider consulting with an attorney before you move forward. Commencing your divorce without seeking legal counsel can lead to complications that can cause major issues; these issues could be avoided by speaking with an attorney who can advise you on what to expect and whether hiring a divorce attorney is the right step for you.
Divorce attorney consultation will help you to learn about specific issues that commonly arise in divorce cases and the dos and don’ts. It will also allow for points of view and advice that are particular to your situation.
Read on to learn more about signs that it’s the right time to hire a divorce attorney:
Abuse Or Domestic Violence Happened
An unfair divorce settlement can easily happen when an abusive partner becomes particularly manipulative. He or she will have no qualms dominating and/or intimidating you. Equal ground simply does not exist when there have been incidents of abuse or domestic violence. Having a divorce attorney goes beyond making sure things are settled well, it also helps in terms of security.
Joint Corporation or Business Involved
It can be tough to make corporate or business decisions when personal life gets in the way. Splitting things up during a divorce can get messy, tricky or both. Under these circumstances, an attorney can help you and your soon-to-be former spouse create a plan that works out well for both of you.
Many Complicated Issues
When you are going through a divorce, you must know what the divorce laws say. Especially if the following are up for (likely heated) discussion:
- Alimony
- Prenuptial agreements
- Property division
- Timesharing
A divorce attorney will be extremely familiar with the divorce laws of the state, since they tend to vary.
There Are Young Children To Consider
Most good divorce lawyers are aware that having children can be a major factor in a divorce, and if you foresee a child timesharing dispute or other child-related disputes, a divorce lawyer could help you settle them. Unfortunately, there are plenty of child-related issues that trigger parents to the point of arguments and outright bickering.
A great way for the issues to be handled and mediated is through having a divorce attorney at hand.
Things Are Not Well Between You and Your Spouse
If irreconcilable differences exist between spouses, it may be challenging for them to reach a settlement without someone mediating. Couples that reach a point where they can’t work together and agree on matters such as asset distribution, spousal support if any and/or child-related matters will need professional help. Irreconcilable differences will be navigated best with a divorce attorney’s help.
Conclusion
Going through a divorce already comes with quite a bit of stress. Major complications can arise if divorce proceedings happen without previous legal counsel, particularly with a divorce attorney. Clear signs that it’s time to hire a divorce attorney include abuse or domestic violence, many complicated issues and there are young children to consider.
Looking for a divorce attorney? Reach out to Dorsey Law JAX today! We’re top Jacksonville attorneys who specialize in personal injury, criminal law and family law.
