Category Archives: Divorce
Is There a Best Time of Year to File for Divorce?
Filing for divorce is a huge step and one that many people do not take lightly. One question we receive is when is the best time to file. In truth, there is no one month or season that works “best” for everyone. However, there are critical considerations, especially if you have children or intend… Read More »
What Is the Divorce Rate? (And Other Divorce Facts)
The rise of no-fault divorce in the 1970s increased the number of people ending their marriages. However, not all divorces are the same from a legal perspective. Some important factors include the duration of your marriage, your age and health, and your employment history. Some spouses will be able to request more financial support… Read More »
If Florida is a No-Fault State, Why Allege Adultery in a Miami Divorce?
Florida is a no-fault divorce state, so no one is required to prove a “fault” to obtain a divorce decree. Nonetheless, there may be reasons that you want to allege to the judge that your spouse has been unfaithful. Contact Hamilton O’Neill today. In this post, we look at why you may want to… Read More »
Broken Promises: Can You Sue for Breach of a Marriage Contract?
Many people get cold feet in the period between their engagement and their wedding day. If your fiancé calls off the wedding, do you have a legal right to sue? Once upon a time, the answer would be “yes,” but Florida has changed its law. Today, you cannot sue for a broken promise to… Read More »
These 3 Assets Are Hard to Divide in a Miami Divorce
Divorce for high net-worth couples is complicated for various reasons, with many couples having assets spread across dozens of states or foreign countries. In our experience, certain assets are harder to divide than others. In particular, pets, cryptocurrency, and small businesses are especially challenging and require the help of an experienced legal team. Call… Read More »
Mistakes to Avoid when Telling Your Children You Are Divorcing
One reason couples hesitate to divorce is the fear of how it will impact their children. But children can be negatively impacted when parents stay married, especially if they are constantly fighting or if there is domestic violence. When informing your children that you intend to divorce, it is critical to avoid certain mistakes…. Read More »
What is Forum Shopping and High-End Divorce?
Forum shopping has continued to grow in popularity over the past 20 years. Forum shopping is the practice of filing a lawsuit in a state or country where the laws are favorable to your case. Because a legal claim might be brought in more than one state (or country), the person filing gets to… Read More »
Negotiating a Divorce: 5 Tips
Contested divorces cause intense stress, so many couples focus on trying to negotiate a divorce settlement agreement. Unfortunately, negotiating with a spouse when the marriage has broken down is harder than many anticipate. Unless the divorce is amicable, one or both spouses could “dig in” and try to make the divorce as painful as… Read More »
Do You Have to Prove Residency to Obtain a Florida Divorce?
There are certain legal requirements that must be satisfied before a person may seek a divorce in Florida. One such requirement is establishing residency. Specifically, Florida law states that “[t]o obtain a dissolution of marriage, one of the parties to the marriage must reside 6 months in the state before the filing of the… Read More »
Can You Start Dating Before Your Divorce is Finalized?
One reason to divorce is to free yourself up to get back into the dating pool. Although we know some men and women need a long “time out” from relationships, others are eager to take the plunge. The good news is that Florida does not prohibit dating after divorce paperwork is filed. You do… Read More »