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Ft. Walton Beach Criminal Defense Blog

New Year means a crush of new divorce filings

A person can file for divorce any time of the year, but there is one time when more people take the steps to end their marriages than any other - in January. Across the country America sees an increase divorce filings following New Year's Day through March. It is not uncommon for people to want to keep their families together through the holidays or to make resolutions that involve finding happiness. Yet, once the luster of that magical time of year fades away, many are left with unhappy marriages that they determine must come to an end. For this reason, January has become known as "divorce month.".

A psychotherapist and an attorney have noted some factors that may become exacerbated during the holidays that may lead some couples down the path to divorce. For example, when couples cannot agree about money they may be more likely to end their marriages than those that can discuss financial topics with peace. The holidays are a time when many families overspend, which means it can be a stressful time for married couples.

Custodial interference does not have to be tolerated

After a Florida divorce it is not uncommon for the parties to hope that their transitions into single life will be smooth. While some people may easily be able to start over and establish strong footing on which to move their lives forward, others may struggle to work out the challenges that appear in the wake of their ended marriages. Many post-divorce challenges can stem from the divorced parties' children and issues related to their custody.

While in some cases the children themselves may cause issues through their frustration over their parents' decisions, parents can also create problems for each other when it comes to custody and visitation. Depending upon the child custody plan a court approves for a divorced couple, custodial rights may look very different from one family to the next. For this reason it is important that readers review their child custody plans and not rely on the terms of this post for legal guidance.

How long must I wait for a divorce to be finalized?

When a person decides that they want to end their marriage it can be incredibly difficult to wait out the period of time that it takes a divorce to be finalized. Depending upon the marital issues that the couple needs to resolve, a Florida divorce could take months to complete if spousal and child support, child custody, and property division matters are complex to sort out. While some divorces seem to resolve easily, others seem to drag out for lengthy periods of time.

However, all divorces, whether simple or complex, are subject to the state's waiting period. That is to say, once a Florida divorce is filed the parties must wait at least twenty days before it is completed. Other states may have shorter or longer waiting periods, and therefore it is important that readers consult with family law attorneys to receive the most accurate information regarding this topic.

Defend DUI charges with committed legal representation

Over the last few weeks, this Florida-based drunk driving defense legal blog offered a brief review of how a person's blood alcohol concentration may impact the type of charge that is filed against them. While a low BAC level is not an automatic indicator that a person will be charged with a less serious crime, significant legal challenges can face a person whose BAC is well above the state's legal limit of .08 percent.

An aggravated drunk driving conviction may be met with more than the loss of an individual's driving privileges. They may be forced to face significant legal penalties and pay fines for their alleged illegal conduct. They may even be forced to spend time in prison if the crime for which they are convicted involved harm to a victim. No DUI or drunk driving charge should be considered minor, but aggravated DUI can carry significant criminal consequences that should be aggressively defended against.

Facing a high asset divorce? You can protect your interests.

During a divorce in which there are significant and valuable assets at stake, it can be complex and stressful to protect your financial interests. The end of a marriage signals major life changes for Florida couples, and this includes financial capabilities, lifestyle adjustments and even retirement plans.

When there is a lot on the line, it is important to proceed in a manner focused on your best financial future, not temporary emotions. If you are facing the prospect of a high-asset divorce, you would be prudent to proceed in a way that allows you to protect your long-term interests and security long after the divorce process is complete. A high-asset divorce is a complicated process, but it is possible to secure a beneficial outcome. 

BAC level may alter drunk driving charges

A drunk driving conviction can alter the course of a Florida resident's life. However, not all DUI charges are the same. Depending upon the concentration of alcohol allegedly found in a person's blood, their charges may vary. This post will examine some of the ways that BAC may influence drunk driving charges, but readers are cautioned that this post is neither comprehensive of the state's laws nor offered to provide legal advice.

The state recognizes a per se drunk driving BAC level of .08 percent. That means that if a person is found to have enough alcohol in their blood to raise the concentration to .08 percent, then they are found to be driving drunk regardless of their conduct. Minors who are prohibited by law from drinking have a zero tolerance BAC level of .02 percent.

Modifications can be an important part of child support

When a parent is ordered to pay child support for the financial benefit of their child, the obligation is a binding legal mandate. A Florida parent who fails to abide by the terms of their operating child support order may be penalized in a number of ways, including, but not limited to, seeing their driver's license suspended or their pay checks garnished.

Not every parent who fails to pay child support does so intentionally or willfully. It is an unfortunate fact that some parents simply cannot keep up with the payment schedules that their child support orders impose. Whether due to an illness, injury, loss of a job or other change in circumstance that limits their income, a parent may be unable to pay for the support of their child even if they desire to do so.

Why do police officers execute field sobriety tests?

The word 'test' can send chills down the spine of any Florida resident who has ever tensed up before being subjected to a scored evaluation. While most of the tests that people must face are academic or physical in nature, there is one set of tests that no person ever wants to have to complete: field sobriety tests. These tests are administered when a law enforcement official suspects that a driver is intoxicated, oftentimes when they have made a traffic stop to determine if their suspicions are correct.

Field sobriety tests evaluate drivers' coordination and physical condition. Although variations may exist regarding the style of tests that different police departments use, there are three main evaluations that law enforcement officials utilize in the field: horizontal gaze nystagmus, walk and turn, and one-leg stand.

What disclosures do you have to make when selling a home?

Selling your home could be an important step for your Florida family, but there is much more involved than simply finding a person willing to buy it. As the seller, you have several obligations to any potential buyer, and you would be wise to understand these requirements fully.

When selling a home, you must provide a list of disclosures to the buyer. This step is necessary in order to ensure that a buyer does not end up stuck with a home that is full of hidden problems and financial pitfalls. However, as the seller, you may find it useful to know what you must tell the buyer and how you can avoid any unnecessary complications before closing.

Potential benefits of executing a prenuptial agreement

When a Florida couple is in the wedding planning phase of their relationship it may seem as though nothing could possibly happen that could tear their soon-to-be life apart. However, the reality of the matter is that many American marriages end in divorce. Before the partners to a couple make their union official through a legal marriage, there is an important legal option they may wish to execute to protect their financial interests in the event that their marriage is unsuccessful.

A prenuptial agreement is a contract that unmarried people enter into prior to their wedding that outlines how their assets and debts will be divided should their relationship end in divorce. A prenuptial agreement cannot spell out how child custody or support matters will be resolved, though, as the best interests of children must be assessed by the courts when these important legal matters are being worked out. However, money matters between married people can be predetermined through the execution of a valid prenuptial agreement.

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