MIAMI, Florida. January is a time when many couples decide to get divorced. According to Business Insider, the aftermath of the holiday season can leave many couples disappointed. The expectations for the holidays is that they will bring us closer together. When the holidays fail to do this, couples may consider divorce. Other couples may wait out the holiday season to file because they don’t want to ruin Christmas for the kids and family.
New Year’s Resolutions for the Divorcing
MIAMI, Florida. If you are getting divorced in the New Year, you might be overwhelmed with major life changes. Thinking about New Year’s resolutions might be the last thing in your mind, but by making some key resolutions for the New Year, some of the big changes to come can become a positive force in your life. In fact, resolutions that focus on mental health above physical health have been shown to be healthier and result in longer-lasting benefits. So, what are some New Year’s resolutions for the divorcing?
Divorcing When There is Domestic Violence
MIAMI, Florida. A woman was recently killed by her husband outside a Miami city hall while the couple was on their way to get a divorce. According to the Miami Herald, the husband and wife had been arguing, with reports indicating that the husband believed his wife was cheating on him. The tragic crime appears to be one of passion and not one that was premeditated, but it highlights the real risk women face when they choose to leave a marriage where domestic violence has been a factor. Sometimes domestic violence begins as controlling behavior and escalates to violence. According to the Huffington Post, 36 percent of divorce lawyers have seen an increase in divorce cases in which a restraining order was involved.
[Read more…] about Divorcing When There is Domestic Violence
When a Parent Evades Child Support With Contract Labor
MIAMI, Florida. According to the Huffington Post, approximately 70% of child support payments are collected through withheld income. Before a parent receives his or her paycheck, the state will collect child support first, ensuring that the parent who is owed child support receives the payment. Yet, thanks to the new gig economy, some child support payments may no longer be so easily collected through this withholding process. When a company hires an employee, the employee must be entered into the state’s child support database. However, when a worker is hired as a contractor, Uber driver, or receives rent payments through Airbnb, the companies may not be required to report the worker to the database. This can create a loophole where individuals can renege on their child support requirements. While some states, like Texas, New York, and Oregon have expanded the category of workers who must be entered into the database to include contractors, not all states have followed suit.
[Read more…] about When a Parent Evades Child Support With Contract Labor
Child Custody in Same-Sex Marriages
MIAMI, Florida. When the Supreme Court ruled that the Constitution guarantees same-sex couples the right to marry, it also conferred important child custody rights to same-sex married couples. Prior to the ruling, same sex couples who wanted to enjoy shared custody would either have to both adopt a child or find some way to ensure that both of their names were on a child’s birth certificate. In states that didn’t recognize gay marriage, both of these situations posed legal challenges. When the Supreme Court made its ruling on same sex marriage, the law of the land made it easier for same-sex couples to raise children together without both parents having to face the additional burden of a dual adoption.
Co-Owning a House After Divorce
MIAMI, Florida. For most families, the biggest asset a couple owns is their home. When dividing assets in a divorce, deciding what will happen to the family home can be one of the more emotional and challenging financial decisions you’ll have to make. Unlike retirement funds or bank accounts, the family home often carries with it emotional attachment (and sometimes, baggage). What are your options regarding a shared mortgage or shared home during divorce? The Miami, Florida divorce lawyers at Sandy B. Becher, P.A. work with couples who share a family home. Here are a few possible solutions:
